by Fred Sisto | Dec 21, 2022 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
Justice Breyer continued: The American Colonies continued the English tradition of regulating public carriage on this side of the Atlantic. In 1686, the colony of East New Jersey passed a law providing that “no person or persons . . . shall presume privately to wear...
by Fred Sisto | Dec 19, 2022 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
Justice Breyer continued: That rule provided that “there may be an Affray where there is no actual Violence; as where a Man arms himself with dangerous and unusual Weapons, in such a Manner as will naturally cause a Terror to the People, which is . . . strictly...
by Fred Sisto | Dec 17, 2022 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
Justice Breyer continued: Start with Sir John Knight’s Case, which, according to the Court, considered Knight’s arrest for walking “‘about the streets’” and into a church “‘armed with guns.’” Ante, at 34 (quoting Sir John Knight’s Case, 3 Mod. 117, 87 Eng. Rep., at...
by Fred Sisto | Dec 15, 2022 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
The dissent continued: The Court thinks that the Statute of Northampton “has little bearing on the Second Amendment,” in part because it was “enacted . . . more than 450 years before the ratification of the Constitution.” Ante, at 32. The statute, however, remained in...
by Fred Sisto | Dec 13, 2022 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
Justice Breyer continued: The Court also suggests that laws that were enacted before firearms arrived in England, like these early edicts and the subsequent Statute of Northampton, are irrelevant. Ante, at 32. But why should that be? Pregun regulations prohibiting...