View Full Version : Equal protection/CCW question
05-25-2009, 5:39 AM
Hey all, wanted to get the legal eagles in to try to help me with something.
First off, I will be applying for a NJ carry permit very soon. For those that don't know, they probably are similiar to LA county as far as rate of issuance, there are currently 400-500 civilian permits with 4-5,000 retired LEO permits.I don't have any special "angle" as far as threats, carrying cash, exc.
However, NJ has a special loophole for retired officers in which they don't have to have any cause(a state law,not LEOSA).
Do you think this can be used as the "control" group for an equal protection claim, in light of the fact they WILL NOT release any info as far as the lucky few who actually did get the permit?
05-25-2009, 9:39 AM
That argument likely won't fly unless you get incorporation through your federal circuit.
This is going to be very difficult for you.
You should read through Jim March's website to understand problems here in California.
Unless New Jersey has a public records act, and similar case law already done, you are getting involved in something that will cost 100's of thousands of dollars in legal fees.
My understanding is that you have to go in front of a Judge. Post Heller, it might be very interesting, but then again, I don't know.
The 2nd amendment has not been incorporated in New Jersey yet, perhaps your application might do the trick.
Perhaps you might get a Judge who agrees with the Nrodyke case regarding incorporation.
Many lawsuits have been filed here in California and equal protection is a issue in a few of them. My suggestion would be to hold off on your permit application until those lawsuits are ruled on.
It won't be years, but it will be a few months. If we get the correct rulings, it will significantly improve your chance of getting a CCW permit in New Jersey.
Instead of a 1 in million, it will be done to 1 in 10,000. :mad:
However, a legal roadmap will have been laid down and it will be easier to get other applicants to apply as well in New Jersey.
There is strength in Numbers. You have two court systems you have to run in, the courts of law and the courts of public opinion.
People who don't care about gun rights, do care about corrupt politicians. When I grew up in New York, New Jersey had a reputation of having the dirtiest politicians in the tri state area, can't imagine much has changed.
If you are in New Jersey, have your fellow gun rights people join our board. We all can learn and help each other.
Site is dated, but worth the read.
05-25-2009, 9:59 AM
I have a hunch that the Federal Courts in Pennsylvania are going to be more favorable in that Circuit than in New Jersey. Either way, one needs incorporation first. We'll all get that out of SCOTUS in the next year or two between Maloney/Nordyke and the Chicago Cases.
05-26-2009, 4:47 PM
As someone else from NJ I have been following your cases closely to see where things might go in NJ. NJ is may issue, and they only issue to retired LEO's or VERY well connected people. You need to go in front of a judge and argue why you need one, and if it's work related(armored car, etc) they may issue it but with restrictions for only when your working.
Atleast in CA there are some places you can get one. Also just to get an ID card so you can purchase a firearm takes upwards of 6 months, and then you have to reapply everytime you want a purchase permit for a handgun, and they are only good for 90 days.
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