by Fred Sisto | Nov 19, 2022 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
Justice Breyer continued: But the Heller Court did not end its opinion with that preliminary question. After concluding that the Second Amendment protects an individual right to possess a firearm for self-defense, the Heller Court added that that right is “not...
by Fred Sisto | Nov 17, 2022 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
Justice Breyer continued: The Court today replaces the Courts of Appeals’ consensus framework with its own history-only approach. That is unusual. We do not normally disrupt settled consensus among the Courts of Appeals, especially not when that consensus approach has...
by Fred Sisto | Nov 15, 2022 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
The dissent continued: III A How does the Court justify striking down New York’s law without first considering how it actually works on the ground and what purposes it serves? The Court does so by purporting to rely nearly exclusively on history. It requires “the...
by Fred Sisto | Nov 13, 2022 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
Justice Breyer continued: In particular, studies have shown that “may issue” licensing regimes, like New York’s, are associated with lower homicide rates and lower violent crime rates than “shall issue” licensing regimes. For example, one study compared homicide rates...
by Fred Sisto | Nov 11, 2022 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
The dissent continued: These numbers reflect in part the fact that these “may issue” jurisdictions contain some of the country’s densest and most populous urban areas, e.g., New York City, Los Angeles, San Francisco, the District of Columbia, Honolulu, and Boston. U....