by Fred Sisto | Sep 30, 2024 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
The Court concluded with the following in relevant part: And the Court’s conclusion in Bruen that regulations like the surety laws are not a proper historical analogue for a broad gun licensing regime does not mean that they cannot be an appropriate analogue for a...
by Fred Sisto | Sep 28, 2024 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
The Chief Justice continued in relevant part: Section 922(g)(8) restricts gun use to check demonstrated threats of physical violence, just as the surety and going armed laws do. Unlike the regulation struck down in Bruen, Section 922(g)(8) does not broadly restrict...
by Fred Sisto | Sep 26, 2024 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
Chief Justice Roberts continued in relevant part: The Court reviewed the history of American gun laws extensively in Heller and Bruen. At common law people were barred from misusing weapons to harm or menace others. Such conduct was often addressed through ordinary...
by Fred Sisto | Sep 24, 2024 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
The Court continued in relevant part: The right to keep and bear arms is among the “fundamental rights necessary to our system of ordered liberty.” McDonald v. Chicago, 561 2 U.S. 742, 778. That right, however, “is not unlimited,” District of Columbia v. Heller, 554...
by Fred Sisto | Sep 22, 2024 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
On June 21, 2024, the United States Supreme Court decided the case of U.S. v. Rahimi. The principal issue before the Court concerned when a domestic violence restraining order is a basis to prohibit firearm possession. Chief Justice Roberts wrote for the 8-1 majority...