by Fred Sisto | Jun 5, 2023 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
Judge Bumb continued: Thus, not only does the statute say nothing about the restriction on carrying firearms in a vehicle, but it does suggest that if there is a carrying it should not be concealed. Nor does the other statute cited in the State’s Brief from Tennessee...
by Fred Sisto | Jun 3, 2023 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
Judge Bumb continued: And while the Supreme Court recognized that some modern-day regulations may have been unimaginable at the time of our Nation’s Founding, that still does not excuse the duty of this Court to engage in a historical inquiry that involves reasoning...
by Fred Sisto | Jun 1, 2023 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
The District Court continued: No party disputes here that private property owners in New Jersey—and across the country for that matter—have long had the right to exclude firearms from their properties. As discussed above, New Jersey’s attempt to craft how private...
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...