by Fred Sisto | Apr 18, 2023 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
The Court continued: The Second Amendment ‘is the very product of an interest balancing by the people’ and it ‘surely elevates above all other interests the right of law- abiding responsible citizens to use arms’ for self-defense . . . It Is this balance—struck by the...
by Fred Sisto | Apr 16, 2023 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
Judge Bumb continued: By making “the constitutional standard endorsed in Heller more explicit,” the Bruen Court clarified that: the standard for applying the Second Amendment is as follows: When the Second Amendment’s plain text covers an individual’s conduct, the...
by Fred Sisto | Apr 14, 2023 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
The District court continued: The Third Circuit has also made clear that “preliminary injunctive relief is ‘an extraordinary remedy’ and ‘should be granted only in limited circumstances.’” Kos Pharms., Inc. v. Andrx Corp., 369 F.3d 700, 708 (3d Cir. 2004) (quoting...
by Fred Sisto | Apr 12, 2023 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
Like Plaintiff Gaudio, Plaintiff Muller is unable to protect himself while in a car and is concerned that loading and unloading a gun when getting into and out of a car as the legislation requires would cause “someone who saw him loading or unloading his gun to call...
by Fred Sisto | Apr 10, 2023 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
Judge Bumb continued: Plaintiff Gaudio, a systems engineer for Lockheed Martin with a United States Department of Defense Top Secret security clearance, avers in his Declaration that he began carrying a handgun on a regular basis after he received his permit to carry...