by Fred Sisto | Jun 19, 2023 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
On March 8, 2023, the New Jersey Supreme Court decided the Ocean County case of State v. Kyle A. Smart. The principal issue concerned whether the circumstances giving rise to the probable cause vehicle search were “unforeseeable and spontaneous.” Judge Fasciale wrote...
by Fred Sisto | Jun 17, 2023 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
Judge Bumb concluded with the following: Lastly, at oral argument, this Court specifically pressed the State whether it had empirical evidence to suggest that concealed carry permit holders are responsible for gun crimes or an increase in gun crimes in New Jersey,...
by Fred Sisto | Jun 15, 2023 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
The District Court continued: Finally, as discussed above, see supra Section III.A, the Court finds that Plaintiffs’ credible fear of prosecution for violating one of the challenged restrictions constitutes irreparable injury. [See Koons Decl. ¶ 12; Gaudio Decl. ⁋ 15;...
by Fred Sisto | Jun 13, 2023 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
The Court finds that the challenged provisions have chilled Plaintiffs’ reasonable exercise of their Second Amendment right. For example, because Mr. Koons regularly meets for breakfast at restaurants that occasionally have liquor licenses, he now leaves his firearm...
by Fred Sisto | Jun 11, 2023 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
Judge Bumb continued: In weighing requests for injunctive relief post-Bruen, other courts have adopted the same conclusion and found similar Second Amendment deprivations to constitute irreparable injury. See, e.g., Spencer v. Nigrelli, 2022 WL 17985966, at *13...