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NJ Bans All Firearms Transfers

Posted By: ConSigCor

NJ Bans All Firearms Transfers - 03/22/2020 09:54 PM


NJ Essentially Bans All Firearms Transfers

by Patriotman | Mar 22, 2020 |

From our friends over at the Firearm Blog, they have an interesting story involving Governor Murphy and New Jersey. As you may or may not know, Governor Murphy passed legislation early in his term to force all private sales of firearms to have a background check. This includes both handguns and long guns. Governor Murphy’s newest Executive Order, Executive Order 107, directed all non-essential retail businesses to close. As part of this order, the State Police NICS team was included. From the NICS portal website:

On Saturday March 21, 2020, Governor Phil Murphy announced he is putting New Jersey in lockdown to combat the spread of coronavirus. Per Executive Order 107, he is ordering the residents of New Jersey to stay home, directing all non-essential retail businesses closed to the public. At this time, the order includes New Jersey Firearms State Licensed Dealers. The New Jersey State Police NICS Unit is directing the vendor of the NICS Online Application (NICUSA) to turn off the NICS Online Services for submitting NICS transactions by eliminating the “Request Form” button, effective 9:00pm EST, Saturday, March 21, 2020. You will still have the ability to view the message board and the status of previously submitted transactions. This “Request Form” feature will remain off until further order by Governor Murphy.

https://www.njportal.com/NJSP/NicsVerification

As The Firearm Blog noted:

By executive order, the Governor of New Jersey has shutdown the NICS Check system that allows for the sale and transfer of firearms in the state. The NICS check shutdown effectively eliminates all commercial and private transfers of firearms in New Jersey. In addition, judicial processes in the state have been basically frozen, limiting proceedings to critical needs only. Any possible legal challenges to the NICS check system closure in a time of a “non-essential business shutdown” appears to be impossible.

It is quite clear that, at a time when millions of Americans are feeling scared and uncertain about the future and wish to obtain protection for themselves and their families, Governor Murphy has decided to leave them vulnerable. Given his clear anti-gun agenda, there is no doubt that he is exploiting this crisis in order to further degrade the already heavily-infringed Second Amendment rights of New Jerseyians. Considering that a “stand down” order was essentially given to Law Enforcement in Philadelphia and the likelihood that a similar order would be issued in New Jersey, this Governor has failed his citizens and left them in a degraded security position.

Tyranny is afoot, ladies and gentlemen. The government – right on cue – is going to take advantage of this crisis to further their dictatorial tendencies.

Keep your training up, your PT moving, and your powder dry.
Posted By: Hawk45

Re: NJ Bans All Firearms Transfers - 03/22/2020 10:25 PM

This is going to be a REAL interesting court case!
Posted By: airforce

Re: NJ Bans All Firearms Transfers - 03/22/2020 10:51 PM

Originally Posted by Hawk45
This is going to be a REAL interesting court case!


Yep. I suspect this order is going to be overturned pretty quickly.

Onward and upward,
airforce
Posted By: Hawk45

Re: NJ Bans All Firearms Transfers - 03/23/2020 03:20 PM

I copied and posted this on another site in hopes it will get seen and folks can start making calls to get this over turned. Because if we do not say something now, we will deserve what we get in addition to it!
Posted By: airforce

Re: NJ Bans All Firearms Transfers - 03/23/2020 04:07 PM

Pennsylvania Gov. Tom Wolf says licensed firearms dealers are not "life-sustaining" businesses and must close. But that marshmallow Peeps factory in Bethlehem, PA? Yeah, that's life-sustaining. You can't make this stuff up.

Quote
Tom Wolf, the Governor of Pennsylvania maintains that licensed firearm dealers are not "life-sustaining" businesses. Therefore, they must shutter during the COVID-19 emergency. But, thankfully, the Peeps factory in Bethlehem, PA can remain open. Yes, the popular marshmallow candy is "life-sustaining."

Quote
Regardless of what the nutritional facts are on the side of a box of PEEPS, the marshmallow treat's producers in Bethlehem believe that it's an emotionally healthy necessity and therefore, an essential business.

Just Born, the company behind PEEPS as well as Mike & Ikes, Hot Tamales and more, sent out a statement in the wake of Pennsylvania Governor Tom Wolf's order for all non-life-sustaining businesses to close down in order to stop the spread of coronavirus. Food manufacturing falls into the "life-sustaining" category, which includes PEEPS.


This sort of evidence would help the Supreme Court summarily conclude that the Governor's policy is completely irrational. Caetano v. Massachusetts provides a guide. That case declared unconstitutional Massachusett's ban on stun guns. But the two-page per curiam decision did not wade into Heller's unresolved issues.

Here, the Supreme Court could simply say that Pennsylvania's distinction of what is, and is not "life-sustaining" cannot survive even rational-basis review. Indeed, other states have designated firearm dealers as "essential." Stay tuned.


Onward and upward,
airforce
Posted By: airforce

Re: NJ Bans All Firearms Transfers - 03/24/2020 09:07 PM

To no one's surprise, a lawsuit has been filed against New Jersey's gun ban.

Onward and upward,
airforce
Posted By: ConSigCor

Re: NJ Bans All Firearms Transfers - 03/25/2020 01:53 AM

Good.
Posted By: Hawk45

Re: NJ Bans All Firearms Transfers - 03/25/2020 03:42 PM

More Democrapic places are also trying this. Why does this NOT surprise me?
Posted By: airforce

Re: NJ Bans All Firearms Transfers - 03/27/2020 01:19 AM

Here is the 28-page complaint in Kashinsky v. Murphy.

Onward and upward,
airforce
Posted By: Hawk45

Re: NJ Bans All Firearms Transfers - 03/27/2020 02:24 PM

It is a shame that we have gotten to the point that it takes a book to describe your complaint against folks trying to screw you out of your constitutional right!

Hopefully this one will go all the way to the Supreme Court where 'maybe' we will finally get a favorable and definitive ruling on the Second Amendment!
Posted By: airforce

Re: NJ Bans All Firearms Transfers - 03/30/2020 11:13 PM

The New Jersey governor has backed down, and will allow gun stores to remain open.

Quote
New Jersey Gov. Phil Murphy said Monday that gun shops are now considered essential businesses and can remain open during the coronavirus pandemic.

The governor’s decision, announced during his daily briefing, is a reversal from his earlier position on gun retailers.

Murphy said gun retailers and a few other types of businesses will be added to the list of those considered essential and allowed to remain open under his March 21 executive order, which required all nonessential businesses to close until further notice. The change came after the federal Department of Homeland Security, in an advisory Saturday night, listed gun dealers to be “critical infrastructure.“

At least three gun rights organizations have filed lawsuits in recent days to force the state of New Jersey to allow gun stores to open. Several Republican lawmakers called on the governor to allow it as well.

“In accordance with the guidance released over the weekend by the federal Department of Homeland Security , we will allow firearms sellers to operate,” Murphy said during his briefing.

Gun sales will be done by appointment only, Murphy said, and “during limited hours.”

Murphy, who supports stricter gun control legislation, made it clear that he was reluctant to make the decision....


Read the whole thing at the link.

Onward and upward,
airforce
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