by Fred Sisto | May 30, 2023 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
The District Court continued: Also, at oral argument the State attempted to minimize the plain language of the legislation by suggesting that the only real injury to the gun owner is “having to ask for permission.” [Id. at 67.] Again, Defendants miss the mark. Putting...
by Fred Sisto | May 28, 2023 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
Judge Bumb continued: Defendants next attempt to defend the legislation by contending that the legislation simply “regulates . . . how property owners communicate their right to exclude.” [Tr. at 58.] Defendants also argue that nothing in Supreme Court jurisprudence...
by Fred Sisto | May 26, 2023 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
The District Court continued: Just as in the hunting context, the burden under the criminal trespass statute is not on the unsuspecting actor, but on the landowner to indicate to others not to trespass. The foregoing notwithstanding, Defendants point to others states...
by Fred Sisto | May 24, 2023 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
Judge Bumb continued: The Louisiana law appears historically inconsistent and unconstitutional, and in any event, it is but one example. The Court should not stake its “interpretation of the Second Amendment upon a single law, in effect in a single State.” Bruen, 142...
by Fred Sisto | May 22, 2023 | Monmouth County, New Jersey, Ocean County
The District Court continued: Nor can this Court find such distinction made by the Court in Heller or Bruen, as Defendants argue. Indeed, the historical evidence suggests otherwise and Defendants’ insistence that no such presumption exists because a private property...