Fred Sisto | Criminal Attorney | Ocean and Monmouth County

Call Us Today
732-898-3232

  • Home
  • Criminal Defense Services
    ▼
    • Drug Crimes
      ▼
      • Drug Manufacturing
      • Intent to Distribute Narcotics
      • Prescription Drug Crimes
      • Leader of Narcotics Trafficking Network
    • Weapons Charges
      ▼
      • Prohibited Weapons and Devices
      • Manufacture, Transport, etc. of Weapons
      • Illegal Possession of a Gun
      • Possession of Weapons for Unlawful Purposes
    • Expungements
    • Theft Attorney
    • Violent Crimes
      ▼
      • Robbery/Burglary
      • Manslaughter
      • Extortion
      • Assault
      • Sexual Offenses
    • Arson
    • DUI / DWI
      ▼
      • Alcohol DUI
      • Drug DUI
      • Refusing a Breath Test
    • Driving with A Suspended License
    • Property Forfeiture
    • Anti-Drug Profiteering
    • Juvenile Delinquency
  • Español / Spanish Speaking Attorney
  • About
    ▼
    • Testimonials
    • Defending Cases In
      ▼
      • Monmouth County
      • Ocean County
  • Blog
  • Contact
    ▼
    • Receive a Call From Fred
  • DUI Checkpoint Alerts
  • Results
  • Payment Options
  • Home
  • Criminal Defense Services
    • Drug Crimes
      • Drug Manufacturing
      • Intent to Distribute Narcotics
      • Prescription Drug Crimes
      • Leader of Narcotics Trafficking Network
    • Weapons Charges
      • Prohibited Weapons and Devices
      • Manufacture, Transport, etc. of Weapons
      • Illegal Possession of a Gun
      • Possession of Weapons for Unlawful Purposes
    • Expungements
    • Theft Attorney
    • Violent Crimes
      • Robbery/Burglary
      • Manslaughter
      • Extortion
      • Assault
      • Sexual Offenses
    • Arson
    • DUI / DWI
      • Alcohol DUI
      • Drug DUI
      • Refusing a Breath Test
    • Driving with A Suspended License
    • Property Forfeiture
    • Anti-Drug Profiteering
    • Juvenile Delinquency
  • Español / Spanish Speaking Attorney
  • About
    • Testimonials
    • Defending Cases In
      • Monmouth County
      • Ocean County
  • Blog
  • Contact
    • Receive a Call From Fred
  • DUI Checkpoint Alerts
  • Results
  • Payment Options
Home >> Permits to Carry and Sensitive Places (Part 20)

May 6, 2023 by Fred Sisto

Permits to Carry and Sensitive Places (Part 20)

Judge Bumb continued: Absent a concession by Defendants that they do not intend to enforce the newly enacted legislation, Plaintiffs have averred credible threats of prosecution. Indeed, as Plaintiffs point out, every indication is that the State of New Jersey intends to prosecute any violation of these laws to the fullest extent. [Docket No. 28 (“Pls.’ Reply”) at 5 (explaining that the law does not require petitioner to expose himself to actual arrest or prosecution to challenge a statute as unconstitutional because “what’s more significant” is the fact that Defendants do “not disavow the possibility of prosecution”) (citing Artway v. Attorney General, 81 F.2d 1235, 1248 (3d Cir. 1998)).] As noted above, at oral argument, the Court explored the threat of prosecution and queried whether Defendants would agree not to prosecute a violation under these provisions of the new legislation, but the Defendants would not agree that they would not prosecute Plaintiffs for violations of the newly enacted legislation. [Tr. at 27.]

Finally, Defendants argue that Plaintiffs have failed to demonstrate traceability or redressability as to their claims. Specifically, they argue, Plaintiffs have “adduce[d] no evidence that the proprietors of entertainment venues, restaurants, and other private establishments would not have allowed Plaintiffs to bring firearms into those locations were it not for Section 7(a)(24).” [State’s Br. at 14.] It is an illogical argument this Court explores in greater detail below: in order for Plaintiffs to demonstrate redressability they must first give up their right to bear arms, and then go on to the private property to inquire as to the proprietor’s intent. If the proprietor does not expressly authorize the presence of firearms, then the Plaintiffs now have the answer they needed, but by that time they have violated the law and exposed themselves to prosecution. This convoluted scenario demonstrates how the challenged legislation is directly traceable to the Plaintiffs’ complained of injury.

It would have been interesting if the defendants did disavow their intent to prosecute violations of the statute in order to prevail at this hearing. Under that scenario, they would have undermined the Legislature’s authority to enact the law. However, they would have arguably allowed for the statute to be enforced at a later date.

Filed Under: Blog, Criminal Law, Monmouth County, New Jersey, Ocean County

Testimonials

Fred is a stickler for detail and communicates with clients very, very well. He is smart and astute. I would recommend him unconditionally.

Tom O   

I would highly recommend Mr. Sisto. He is very insightful and proficient, yet still down to Earth. Fred is great at communicating and breaking down the facts. But most importantly, he excels at getting results.

Bill K   

Thanks to Fred I have no criminal record whatsoever.

Luke A   

Great!!! , got my case handled in the exact manner that I was told and would recommend to everyone else in need of legal representation.

Raumelis R   
See More Testimonials

Recent Posts

  • Permits to Carry and Sensitive Places (Part 34)
  • Permits to Carry and Sensitive Places (Part 33)
  • Permits to Carry and Sensitive Places (Part 32)
  • Permits to Carry and Sensitive Places (Part 31)
  • Permits to Carry and Sensitive Places (Part 30)
  • Permits to Carry and Sensitive Places (Part 29)
  • Permits to Carry and Sensitive Places (Part 28)
  • Permits to Carry and Sensitive Places (Part 27)

Recent Speaking Engagement

Site Disclaimer

Attorney Referral Fees

Frederick P Sisto has earned Lawyer Legion's recognition for Community Leadership
 
Top Criminal Defense Attorney in Brick

Law Office of Frederick P. Sisto

Point Pleasant Office*:
302 Hawthorne Ave, Suite 1
Point Pleasant Beach, NJ 08742

Brick Township Office*:
223 Drum Point Road, Suite 1
Brick Township, NJ 08723

Sea Girt Office*:
2150 NJ-35,
Suite 225
Sea Girt, NJ 08750

Phone: 732-898-3232
Fax: 201-508-3393
*Office visits by appointment only.

Representing clients throughout all court jurisdictions of New Jersey.

WITH THE EXCEPTION OF THE CRIMINAL TRIAL ATTORNEY CERTIFICATION, NO ASPECT OF THIS ADVERTISEMENT HAS BEEN APPROVED BY THE SUPREME COURT OF NEW JERSEY

en English
en Englishes Spanish