Snowflakes in Hell

It’s a little known provision of New Jersey’s one-gun-a-month law that it doesn’t apparently allow the police to ration purchase permits; according to New Jersey law, you can still apply for as many purchase permits as you want, you just may not use them to buy more than one gun in a month time period. This was a key element of ANJRPC’s lawsuit. Nonetheless, there are reports that police departments are rationing permits anyway, and now ANJRPC is looking for some help:

We are looking for anyone who has applied for more than one permit to purchase a handgun and has been told by their police department that they may only apply for one permit per month.

Please contact us immediately to let us know. Email to defendfreedom at earthlink dot net

So if you know someone, or are someone over in Jersey, who this applies to, be sure to contact ANJRPC. I suspect they are looking for some cases to bolster their lawsuit.

Cemetery has a picture worth far more than that to New Jersey gun owners.

I’m finally having some time to go over ANJRPC’s Federal Complaint in detail. The important thing is that this was filed in Federal Court. New Jersey’s court system is notoriously stacked against gun owners. The courts in the Garden State are highly political, sometimes corrupt, and will often ignore plain law. It is fair to say the independence of New Jersey’s courts leaves much to be desired. The Federal Courts are a much better venue to raise questions like this than in New Jersey courts.

We get into federal court through what’s called Federal-question jurisdiction, namely the claim that federal law preempts states for prohibiting the sale of air guns, and that New Jersey is violating said federal law with their rationing scheme. That is the real meat of the case. But because we are raising claims under a federal question, we can also raise claims under Supplemental Jurisdiction, and this lawsuit does that as well. The first concurrent claim related to the original count is raised under the due process clause of the 14th Amendment, claiming (legal format altered for space and readability):

Members of Plaintiff Association wish to qualify for one or more of the Exemptions. On or about January 13, 2010, Plaintiff Bach applied for three Handgun Purchase Permits. Plaintiff Bach wishes to apply for the Collector Exemption so he can purchase more than one handgun within a 30 day period, which purchase would satisfy the statutory criteria for the Collector Exemption.

On or about January 14, 2010, Plaintiff Bach inquired of the State Police as to what procedure is available to apply for the Exemptions. The State Police told him that there was none at this time. Upon information and belief, at this time there is no procedure in place by which an applicant can apply for and the Superintendent can grant any of the Exemptions.

Accordingly, certain Plaintiffs and/or Members of Plaintiffs who would qualify for one or more Exemptions, and who would therefore be entitled by law to purchase more than one handgun in a 30 day period are being unlawfully constrained by the One Gun Law, are unable to purchase more than one handgun in a 30 day period, and are unlawfully subject to prosecution if they do so.

Therefore, Plaintiffs are being deprived of their liberty and/or property without due process of law in violation of Amendment XIV of the United States Constitution. Plaintiffs are therefore entitled to preliminary and permanent injunctive relief, including, but not limited to, relief enjoining the enforcement of the One Gun Law.

So the law provides for an exception, and the State Police claim to have no procedure for dealing with the new law. This is typical of how New Jersey operates, and New Jersey gun owners should be greatly pleased, for once, they will have to answer for it in court. The next claim is similar, also under the 14th Amendment:

N.J.A.C. 13:54-1.4(h) provides as follows:

Applicants for a permit to purchase a handgun may apply for more than one permit per application. The number of permits requested, and each permit number shall be entered in the spaces provided on the application.

On or about January 7, 2010, Plaintiff Johnson applied for two Handgun Purchase Permits at the Washington Township (Morris County) Police Department. Notwithstanding the One Gun Law, Plaintiff Johnson can save time, effort, and expense by applying for multiple Handgun Purchase Permits simultaneously and lawfully using only one Handgun Purchase Permit with any given 30 day period. On or about January 8, 2010, the Chief of Police of Washington Township notified Plaintiff Johnson by letter that as of January 1, 2010 the New Jersey State Police are only permitting one application for a Handgun Purchase Permit per month and returned the fee for his second Handgun Purchase Permit. By denying Plaintiff Johnson’s right to apply for two Handgun Purchase Permits simultaneously, Defendant Washington violated N.J.A.C. 13:54-1.4(h), which explicitly authorizes such application.

The law actually allows individuals to still apply for more than one permit to purchase at a time. The claim is that police departments are violating the law by refusing to accept applications at a rate of more than one per month. Presumably then it would be up to the purchaser and dealer to ration the gun purchases, however this complaint asks for injunctive relief against the entire law, the two concurrent claims just help make the case stronger, and will possibly put police departments under court order not to enforce any aspects of the one gun a month law.

Police departments in New Jersey having to follow the law when it comes to gun permits? What a novel concept! This suit does not raise any Second Amendment claims, which is prudent given that we do not yet have a ruling in McDonald as of yet as to how the Fourteenth Amendment applies Second Amendment rights to the states.

Looks like the first of the New Jersey gun rationing lawsuit is hitting the main stream media:

New Jersey gun owners took a parting shot at the waning administration of Gov. Jon Corzine today, filing a federal lawsuit challenging his one-handgun-a-month law, claiming it is unconstitutional and that some towns already make it impossible to obtain one pistol in six months.

The article has it kind of right, though it really glosses over the fundamental issues, which I will cover later. Either way, it has Bryan Miller’s panties in a bunch:

“Typical gun-extremist nonsense,” said Bryan Miller, executive director of Ceasefire NJ, a gun-control organization. “This is typical of the gun lobby — never satisfied, always seeking to have everybody armed. … I think the court will probably throw this frivolous suit out.”

Pretty clearly Bryan didn’t read the Complaint, unless he wants to explain why this lawsuit is “frivolous.” But hey, getting Bryan upset makes this all worth it to me. I will say, it’s nice scooping the MSM on a story.

I have to admit, I give the Association of New Jersey Rifle and Pistol Clubs, Scott Bach, and Evan Nappen, a lot of credit for thinking this one up. Their Counsel, Daniel Schmutter, deserves credit as well for putting together such a solid case. It’s a novel legal argument, based on an obscure aspect of federal law, and it’s so deliciously clever it’s hard to believe it will work, but I think it has a good chance. This challenge to the one-gun-a-month law hinges on the definition of “firearm” in New Jersey Law. You can see the ANJRPC press release here on their web site:

The lawsuit is based on a federal statute that pre-empts state and local laws regulating the sale of certain firearms. The new law runs directly afoul of that statute because of the way New Jersey’s ultra-strict laws sweepingly define firearms. The suit also asserts claims based on the failure of the State Police to implement procedures under the new law, as well as the unlawful rationing of handgun permits by individual municipalities.

They also have a link to the Federal Complaint which you can find here. The legal basis for this federal complaint is 15 U.S.C. §5001(g)(ii), which provides for federal preemption of laws regulating air guns, if you can believe that. Quoting:

(g) Preemption of State or local laws or ordinances; exceptions

The provisions of this section shall supersede any provision of State or local laws or ordinances which provide for markings or identification inconsistent with provisions of this section provided that no State shall– . . .

(ii) prohibit the sale (other than prohibition the sale to minors) of traditional B-B, paint ball, or pellet firing air guns that expel a projectile through the force of air pressure.

The reason this matter is because New Jersey’s definition of a firearm includes air guns as well. From N.J.S 2C:39-1 (f), where the term firearm is defined:

It shall also include, without limitation, any firearm which is in the nature of an air gun, spring gun or pistol or other weapon of a similar nature in which the propelling force is a spring, elastic band, carbon dioxide, compressed or other gas or vapor, air or compressed air, or is ignited by compressed air, and ejecting a bullet or missile smaller than three-eighths of an inch in diameter, with sufficient force to injure a person.

Essentially the argument is, if someone buys an air gun, they are by statute then prohibited from purchasing another during that thirty day period, so it amounts, in practice to a prohibition of the sale of air guns. Now, the important thing here is the lawsuit is over one-gun-a-month. It is not over the definition of firearm under New Jersey law. Therefore we escape the problem of severability, where a judge could rule the air gun language in the definition is superseded by federal law, and thus moot, severing it from the definition, and leaving the rest stand. Because of the subject matter of the lawsuit, the judge may not consider the definition, and will be forced to consider only whether the one-gun-a-month law violates the federal preemption, which is pretty clearly does.

This would mean the legislature would have no choice but to try to pass one-gun-a-month again, though with an exception for air guns this time to get around federal law. Given that Dick Cody is out as President of the Senate, and Stephen Sweeney, who is friendly on the issue, is in, it doesn’t look good for re-passage. Even if it does, Corzine is out, and Chris Christie, who was not supportive of the rationing law, will now occupy the Governor’s mansion. So it doesn’t look good for the other side if this lawsuit prevails.

There are implications for Pennsylvania too, if this case wins, since Pennsylvania is also n the Third Circuit. Philadelphia currently bans sale and possession of air guns in violation of the same federal statute, so getting some favorable precedent in the Third Circuit on this issue will also help air gun shooters in Philadelphia, should anyone subsequently bring suit against the ordinance.

All in all, I think this is a brilliant lawsuit, and ANJRPC, and all those involved with bringing it, deserve a lot of credit for coming up with a novel legal argument against gun rationing that has a serious chance of winning. Ironically, it was New Jersey’s inclusion of air guns in with firearms that may be this law’s undoing. Let’s hope for a favorable outcome in this case.

When John Corzine thought that pushing gun control was the key to his re-election bid, there was nothing more important that the legislature could possibly do. Without fanfare, he signed the measure that makes the law slightly less of an abuse on the law abiding gun owners of New Jersey. I guess the theatrics don’t matter to him anymore now that he’s politically irrelevant.

Since there aren’t too many bloggers that cover New Jersey politics from a Second Amendment angle, I decided it was high time I added a category specifically for New Jersey. Nothing happens in this issue in a vacuum, and we’ve had more than a few examples of New Jersey based activists crossing the river to push for gun control in Pennsylvania. Bitter and I keep a close eye on what happens in New Jersey, and are in regular communication with leaders in the issue over there. I feel confident we can provide good coverage for New Jersey gun owners.

Cemetery points out some New Jersey pols that have signed up to oppose McDonald, in response to Bitter’s list of Pennsylvania reps who either joined, or who did not take a stand in the case.

Even in New Jersey, they could only get three Congressmen who wanted to go in record in favor of gun bans. I should also note that New Jersey had three Congressmen who joined the Congressional Brief supporting McDonald, and standing up for the Second Amendment, those reps are:

• Representative E. Scott Garrett (NJ-5, R)
• Representative Leonard Lance (NJ-7, R)
• Representative Frank A. LoBiondo (NJ-2, R)

If you live in New Jersey, be sure to thank them. Even in the Brady Paradise of New Jersey, the anti-gun forces still couldn’t outnumber pro-Second Amendment forces.

Looks like CeaseFire New Jersey is defunct, and has been rolled into the Coalition for Peace Action.

We talked a while ago about proposals afoot in Trenton that would essentially make the one-gun-a-month law in New Jersey meaningless. That proposal has cleared a major hurdle. That it would boil down to one more form you had to fill out, one more hassle. We’re supposed to believe that illegal gun traffickers are going down to their local police, filling out the paperwork for a permit. Submitting fingerprints, going through a multi-point FBI background check, getting their friends and neighbors interviewed, all to sell guns on the streets on Trenton and Newark. We’re also supposed to believe, now, that this one extra form for multiple purchases is going to be what breaks this cycle of gun trafficking.

“This is a common sense compromise that does nothing to impair the goal of protecting public safety by keeping criminals from obtaining multiple weapons at once,” Burzichelli said. “These changes would correct some unintended consequences while also protecting law-abiding citizens and legitimate businesses.”

Johnson said, “These changes would allow us to continue targeting straw purchases and other illegal handgun trafficking, but would provide reasonable exemptions that make sense. In the end, these changes are simply clarifications that don’t interfere with protecting public safety and combating handgun trafficking.”

Don’t get me wrong, it’s better to make the changes than not, but the fact that they can say, with a straight face, that all the hoops New Jersey makes gun owners jump through doesn’t work well to combat gun trafficking, but this one extra form is certain to do the trick.

If it’s not obvious at this point that the emperor has no clothes, I don’t know what will convince people.

The New Jersey Star Ledger speaks of New Jersey’s gun rationing scheme as a law aimed at “improving quality of life.”

In New Jersey, at least one paper is questioning the value of gun “buy backs” and ponders whether the incentives are wrong for criminals.

But are we sending the wrong message to criminals who want to earn a fast buck with the sale of illegal firearms?

In some jurisdictions, people are allowed to turn in up to three handguns for $200 each, according to news reports.

One must ask, are we – as law-abiding citizens who obtain our weaponry through legal means – at risk of having our homes, offices and businesses burglarized by criminals who intend to make a couple of hundred dollars at a gun buyback program?

We’d like to know if there is data showing a rise in gun thefts that correlates to buyback programs, and whether the guns purchased at buyback programs have been stolen from homes and businesses.

Cemetery has the news. One is a the NICS act which brings New Jersey into compliance with federal law. This actually changes New Jersey’s law in this matter very little. The other is the exceptions for their gun rationing law. I should note this bill differs from the Senate bill, which makes more exceptions. The Assembly bill only covers transfers between dealers, distributors and manufacturers. This is likely why it passed unanimously.

Obviously this isn’t a bad development, but if the politicians in New Jersey think this will make up for screwing over gun owners, yet again, with gun rationing, they are kidding themselves. This just keeps their original bill from being a de-facto ban, which it was.

According to Cemetery:

I’ve heard rumors of a new NJ FID system coming to NJ, which would join the digital era, and somehow, once this license is obtained, there will be no need to visit the local Police for permits.  Everything would happen via NICS  and point of purchase.  Which makes me think that handgun purchases, and One Gun a Month laws, will be permitted, and enforces at point of sale.  But, like I said, all I’ve heard was rumors.

If that’s true, it would be great. But the fact that they are even talking about, as cemetery mentions, making a special class of license for competitive shooters and collectors is encouraging. Keep pushing this, and don’t push the special license, just push getting rid of the purchase permits altogether. It’s New Jersey, so get anything you can, but if they are talking about it, it might be possible to just get rid of the purchase permits altogether. That would be real progress back to reasonable gun laws.

Can’t Fred Madden just admit this one-gun-a-month law is useless and repeal the damned thing? These exceptions proposed to New Jersey’s one-gun-a-month law are useless too. There is no legal definition of “competitive shooter” or “collector.”  There is a type of federal firearms license you can get in the latter category, but having this C&R is not in itself an exception. To get any exception to this law, you have to make an application to the New Jersey State Police, which presumably they will not enthusiastically grant within any reasonable amount of time. What are also the standards for showing you’re a competitive shooter? There is none. This is the most useless thing I’ve ever read:

The applicant shall certify, on a form prescribed by the superintendent, the specific exemption sought and the particular handguns to be purchased. This form shall be submitted to the superintendent at the same time as the permit to purchase a handgun, along with any pertinent documentation supporting the need for an exemption. The superintendent shall consider the veracity, accuracy, and completeness of the information provided in determining whether the applicant meets the requirements for an exemption pursuant to this section. In considering an exemption sought under paragraph (3) of subsection a. of this section, the superintendent shall not consider the merit or validity of the applicant’s collecting activities.

The superintendent shall not grant an exemption if he finds a reasonable likelihood that the public safety would be endangered by granting the exemption, including but not limited to instances where the applicant may be purchasing a handgun to give, sell or distribute to a person who would not qualify to purchase or otherwise acquire a handgun under the provisions of this chapter.

Either two things are going to happen. They will routinely deny exceptions, or they will largely grant all exceptions. In the former, this fix is worthless, and if the latter, the whole law is worthless. If we were silly enough to believe that New Jersey criminals were going to their local police, filling out all the forms for a license to own, and then the forms for multiple pistol purchase permits, submitting to a multi-point FBI background check, submitting references, place of employment, and all the other intrusive things New Jersey asks for to own guns. Now Senator Fred Madden would have us believe that adding one more form to the process is going to put a stop to criminals getting guns legally and selling them to other felons? Hogwash. The worst part is, I think he knows this is hogwash. But this is New Jersey, and politics is politics.

A bill has been introduced to fix all the problems with New Jersey’s gun rationing scheme, namely to allow exceptions for retailers, wholesalers and manufacturers, and also to allow exceptions for police, and for inheritance.

The sponsor of the measure is none other than Fred Madden, who is responsible for this mess in the first place. While I appreciate he’s trying, like a petulant child, to wash the crayon of the wall, it’s not going to prevent his punishment from being meted out next election day.

Cemetery reports, with some charts, on a fairly significant rise in people being issued Firearms Owners ID cards, and permits to purchase handguns in Morris County, New Jersey. One thing to consider is that FID cards are good for life, so these issuances represent new gun owners, which increased 57% from 2006 to 2008, and are on track to increase a further 78% from 2008 to 2009 if the trend holds.

I think a lot more of the Great Obama Gun Rush may have been first time buyers than we realized. I hate New Jersey’s permitting and licensing system, but it is useful to be able to track trends, and the trends seems to be a lot of new gun owners, even in the Garden State, albeit in traditionally a Republican county. Given how hard Bryan Miller had to work to pass gun rationing, these numbers can’t make him feel good about future prospects.

Seems to me it would just be easier to repeal it. This list of things that needs improving shows the absurdity of this law in the first place.

People are starting to notice that the gun rationing law passed in the fall at the behest of soon-to-be-ex-Governor Corzine has some serious problems. I’m put off though that the powers that be are claiming they just suddenly realized this:

“As it stands now, retailers would be prohibited from purchasing guns from their suppliers,” said Burlington County Prosecutor Robert Bernardi, who leads the task force. “I think that was an oversight when the legislation was passed.”

The law exempts sales between licensed gun dealers, but not purchases from distributors or manufacturers, which are classified differently under New Jersey law.

It wasn’t an oversight. They were told what this legislation would do, and they didn’t care. Once they bought the vote of Fred “One Gun A Month” Madden, they passed it, and Corzine signed it. Consequences be damned. We’ll fix the problems later, you know, if we feel like it.

Democrats refusing to vote for Corzine because of his crusade to bring gun rationing to the Garden State. As we’ve been saying for a while, gun control isn’t an issue that can salvage a political career, even in New Jersey. It really is the last refuge of scoundrels.

Hat Tip to Dave Adams

Cemetery reports that some Garden State Gunnies are getting all excited about the prospects of CCW since the election of Chris Christie. Three words, “ain’t gonna happen.” The fact of the matter is, no matter what Steve Lonegan told New Jersey gun owners in the primary, there is no support in the Assembly or Senate to pass a shall-issue bill. Gun owners would be mistaken to look towards Chris Christie as their savior, or knight in shining armor. He’s not. He is your star goalie. His job is merely to keep the opposing team from scoring goals until you can get your team back in the game. It is not realistic to expect anything more from him.

In short, there’s a lot of work to do in the Garden State. You got rid of one anti-gun Assemblyman in Fred Madden’s district and replaced him with a pro-gunner. You have to keep doing that, until you have the votes to expect more from Chris Christie. Until then, you can’t expect him to put his political capital on the line for a fight he’s not going to win. Understand what Christie is. Understand his role. And work on getting your team back in the game.

Looking at the tallies over in New Jersey, it’s pretty amazing, and should give the Democratic Party some pause. Democrats have been very successful at making gains among middle class suburbanites, and among the very wealthy, especially in the Northeast, Mid-Atlantic, and the West Coast. Most of this was because Bill Clinton captured a lot of the issues those voters cared about from the Republican Party, such as balanced budgets, free trade, and welfare reform. Following up with George W. Bush, who was very successful at continuing to drive suburban Republicans and Independents more into the Democratic camp, made the situation even worse. That might be changing based on the numbers I’ve seen. Let’s look at some of the counties in New Jersey:

• Bergen County: Borders New York City. Ought to be a blowout for Corzine. Corzine wins, but only by 2.2% points. Obama took this county by 9 points in 2008.
• Middlesex County: Located in Northeast New Jersey. Christie took this county by 3.7% points. In 2008, Obama took this county by 21 percentage points.
• Somerset County: Located just west of Middlesex Co. Christie won by 22 percentage points. Obama took this county in 2009 by 7 points.
• Mercer County: Richest county in the state, located adjacent to Bucks County, PA in central New Jersey. Contains Trenton and Princeton. Corzine still won, but only by 16%. Obama took Mercer County by an amazing 37 points.
• Monmonth County: Located in central New Jersey, along the shore. Contains Asbury Park. Christie won by 31 points. This county did go for McCain in 2008, but only by 3 percentage points.
• Burlington County: Across from Philadelphia, largely a suburb of Philadelphia. Chris Christie took it by 2.6 percentage points. In 2008, Obama took this county by 19 points.
• Camden County: Across from Philadelphia. Home to the scenic City of Camden. Corzine won this county by 14 points, but Obama won it by 37 points.
• Gloucester County: South Jersey. Across from Delaware County, PA, and New Castle County, DE. Christie took it by 3.4 percentage points despite Obama winning by 13 points.
• Salem County: Across from Delaware, South Jersey. Christie by 6.5%. Obama took Salem County by 4 points.
• Atlantic County: Along the South Jersey shore, north of Cape May County. Historically regarded as a Republican County, Obama managed to take it by a surprising margin of 15 points, but Christie won it by 3.5 points.

Looking at vote totals, this is almost entirely a story of Democratic voters just not showing up to the polls. Considering how much capital Obama and the Dems dumped into saving Corzine, and how much money Corzine spent on this race, it is not at all good news for Democrats to have lost so much ground. Combine this with Republican showings in the ring counties around Philadelphia just across the river, and it spells out of a story of GOP voters, and Independent voters who lean GOP being far more motivated to show up to the polls. In New Jersey, the counties where Democrats lost the most are just the type of middle class suburban counties that Democrats have made significant gains with. The erosion of support in very wealthy counties like Mercer show that Democrats need to be worried about their support among the rich too, even though they were still able to win there. That might not be the case in wealthy counties that aren’t as strongly blue.

Next we’ll take a look at how the GOP fared in the Philadelphia ring counties.

I get no points for class or maturity, I know. But I think a little gloating every now and then is good for our Republic, and considering how much work I put into the 2008 election, only to suffer loss and discouragement, I get to gloat over this.

GOP sweep in a landslide in Virginia, and Corzine is out, and by a lot more than anyone thought. Apparently in New Jersey, we also turned a few Assembly seats, including one in Fred “One-Gun-A-Month” Madden’s district. It’s an awful repudiation of Obama and Pelosi’s agenda, and when combined with the New York Mayors race, which was far closer than anyone thought, shows that beating on the gun control drum doesn’t really help you much.

If Blue Dogs aren’t crapping their pants yet, they ought to be. The 2010 elections are only a year away, and Corzine’s defeat by nearly 5 points shows that Obama can’t be counted on to save you, even in a very blue state!

Allegations of voter fraud in the New Jersey race:

At least four voters have approached the Feliz campaign to complain that an absentee ballot was sent to them without their permission or cast for them without their understanding the documents they were signing. I spoke with Uremia Rojas who reports that “a man with a clipboard knocked on my door and had me sign something so I could vote by mail. I was skeptical but signed and got a ballot. I never really wanted one.” Says Mr. Negron: “We believe this to be underhanded and a possibly illegal strategy by the Democratic Party to undermine the civil rights of the residents of Camden.”

There are additional reports from Camden that Hispanic voters have been misled into voting absentee ballots. So-called bearers who are allowed to collect and carry absentee ballots are said to have encouraged voters to fill out applications for absentee ballots. A few days later, the bearers reportedly return with the actual ballots, which they offer “assistance” in filling out.

I  know you’ll be shocked, shocked to hear this, but ACORN is apparently involved.

After repeated election-related scandals, Acorn has become toxic for many candidates who once relied on the group. But Acorn’s longtime allies, the Service Employee International Union and New York’s Working Families Party, have both moved into New Jersey

It’s crap like this that made the upper middle class peoples of the Philadelphia suburbs turn away from the Democratic Party and remain Republicans. Perhaps one of the aspects of Obama’s legacy will be to destroy the groundwork laid by Bill Clinton and have a lot of suburban voters go back to their roots.

It’s that time again, folks. Election Day. I would especially like to remind my New Jersey readers to get out to vote. It’s important Corzine doesn’t win, both for the gun issue, and for greater struggles against bigger and more intrusive government. The eyes of the country will be on New Jersey this evening. Well, at least those who aren’t watching the World Series.

For those in Virginia, Bob McDonnell won’t win if people don’t turn out to actually vote for the guy. Despite my hopes that Deeds was just running to the left for the primary, he’s stuck by his gun show loophole position, and needs to be sent packing. Also vote Ken Cuccinelli for Attorney General.

If we get Hoffman in NY-23, send Christie to Trenton, and elect Bob McDonnell governor, with significant Dem losses across the board, it will put the fear of God into the blue dogs, and will make the passage of Pelosi and Obama’s agenda much more difficult.