This is an unbelievable story about draconian gun laws in NJ

Started by nella, February 16, 2015, 11:46:18 AM

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Michael Bush

I hope he asks for a jury trial and I hope they find him innocent.
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Dallasbeek

First mistake was giving permission to search.  But some policemen use intimidation as a primary public relations tool, I guess.  And there's that idea that you're not doing anything illegal, so go ahead and say yes to a search.  Nonsense!  Make 'em work for the evidence.  Make them get a warrant.  Where's probable cause? 
"Liberty lives in the hearts of men and women; when it dies there, no constitution, no laws, no court can save it." - Judge Learned Hand, 1944

Michael Bush

>First mistake was giving permission to search.

Agreed.  I would have refused and if pressed for why, I'd say, "what good are civil rights if you don't exercise them?"
My website:  bushfarms.com/bees.htm en espanol: bushfarms.com/es_bees.htm  auf deutsche: bushfarms.com/de_bees.htm  em portugues:  bushfarms.com/pt_bees.htm
My book:  ThePracticalBeekeeper.com
-------------------
"Everything works if you let it."--James "Big Boy" Medlin

Dallasbeek

Quote from: Michael Bush on February 17, 2015, 12:40:11 AM
>First mistake was giving permission to search.

Agreed.  I would have refused and if pressed for why, I'd say, "what good are civil rights if you don't exercise them?"

BRAVO!  Good post Michael.
"Liberty lives in the hearts of men and women; when it dies there, no constitution, no laws, no court can save it." - Judge Learned Hand, 1944

jalentour

I can't believe they are ballistics testing.  Seriously, for what?  The gun was used in a crime?  When?  1800?
What a bunch of fools!

hjon71

Quite difficult matters can be explained even to a slow-witted man, if only he has not already adopted a wrong opinion about them; but the simplest things cannot be made clear even to a very intelligent man if he is firmly persuaded that he already knows, and knows indubitably, the truth of the matter under consideration. -Leo Tolstoy

beemaster

There would not have been an issue if: he held a valid firearms license and stowed it in the trunk as the law requires.

This is in the eyes of the law no different than me having an unloaded Glock in my glove box with reloader kit in the trunk. I disagree with the law, but abide by it.

fact is, we cannot carry loaded magazine in our car, even when packed separate from a weapon which is also packed separate from the weapon. The laws are foolish and sadly I'll likely never see any for of a carry gun in my life-time.

But as long as you separate all ammo from all magazines, clips or weapons and keep them separated in out trunk in different containers  you are allowed to take the DIRECTLY to the range and then DIRECTLY home -ANY deviation in your course (such as pick up a friend to go shooting with) is a felony So you better ake sure you have enough gas in your car, or expect up to 5 years in jail for this type of offense.
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Michael Bush

I could put a loaded rifle in a rifle rack in plain sight and drive anywhere but Omaha in Nebraska... as long as it isn't deer season.  If it's deer season the game warden might fine me...
My website:  bushfarms.com/bees.htm en espanol: bushfarms.com/es_bees.htm  auf deutsche: bushfarms.com/de_bees.htm  em portugues:  bushfarms.com/pt_bees.htm
My book:  ThePracticalBeekeeper.com
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"Everything works if you let it."--James "Big Boy" Medlin

jalentour

Beemaster, I may have misread the article, but, I don't think the gun was loaded.  I do not recall a reference to it being loaded. 

Even if it is a gun, it was from the 1700's.  Not something you can load easily even if a ball and powder were in the car somewhere.

Would it even be considered a weapon if it could not be fired?  From what I read, the owner considered it an antique. 

As to the laws requiring guns and loads being in separate compartments, for the record, I think they are reasonable, more so for city folk.

beemaster

Yes JV - it is a improperly stowed weapon under NJ law.

1) no loaded weapon can be in a vehicle
2) no loaded magazine can be in a vehicle
3) no weapon can be within reach of the driver or passengers unless in a locked case
4) all weapons must be stowed in a case separated from any ammo
5) if a vehicle is in the car, it must be on the way to or from a gun range or sporting event
6) the shortest driving route must be used and there can be no stops other than stop signs or traffic lights

No.6 literally means if you are to go shooting with someone else, you must meet them at the range. And can't go to theither gun owners home after until you return your/their firearms to their home first.

But as an example, my unloaded Glock 19 is no different than an 18th century antique pistol in that glove box. Both would have to be stowed in the truck or a LOCKED CASE if the vehicle has no trunk.

Also, no other state gun licenses are recognized by NJ - so you are committing a crime by driving through NJ unless you applied at least 6 months prior for a travelers permit WHICH only allows you to drive through the state NOT to stay here with the weapon.

Welcome to the wonderful state of NJ
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Michael Bush

Generally you don't shoot antique firearms.  If you are going to fire a flintlock you don't load it until you are ready to fire it because it's difficult to unload without firing it and black powder doesn't store very well, so you don't carry black powder guns around loaded anyway.  His was not loaded.  In most states it would not even be considered a "firearm" for legal purposes.  Any old pipe is about as dangerous...
My website:  bushfarms.com/bees.htm en espanol: bushfarms.com/es_bees.htm  auf deutsche: bushfarms.com/de_bees.htm  em portugues:  bushfarms.com/pt_bees.htm
My book:  ThePracticalBeekeeper.com
-------------------
"Everything works if you let it."--James "Big Boy" Medlin

Dallasbeek

In most states, but apparently not NJ.  Are we considering Gov. Christie for GOP nomination?  What are his views? Being a product of that state, I wonder.....
"Liberty lives in the hearts of men and women; when it dies there, no constitution, no laws, no court can save it." - Judge Learned Hand, 1944

jayj200

he is not as presidential as some others!
would be a continuation of the other dynasties
progresive rhinos suck
I am blunt and don;t care

Dallasbeek

Jay, what do you think of Jeb Bush?  Go ahead and be blunt.  Was he a good governor? 

I'm done with senators as presidential material.  I think that goes for Congressmen, as well (which would eliminate several like Ryan looking at the race.  Obuma should teach everybody a lesson.  Governors at least have experience in the executive branch.  Rick Perry was a good governor of Texas, but Texas governors have very little real power (and Perry has his well-known baggage).   In Texas, the lieutenant governor carries the power, but not the prestige. 
"Liberty lives in the hearts of men and women; when it dies there, no constitution, no laws, no court can save it." - Judge Learned Hand, 1944

beemaster

There was a proposed magazine Decrease from 15 to 10 rounds, but with presidential eyes open wide our Gov Christie decided to the veto the bill which included lots of other things including redefinition of assault rifles.

So I have no doubt he will run, if he passed the bill, his presidential run would be futile. Personally, I believe his anti-marijuana stance will do him great harm. It is legal here for terminal medical use and he is even against that!

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Dallasbeek

I heard on NPR (no, I'm not a regular listener) today that Christie was making a big deal about something to do with his work with teachers union and there were allegations he had violated a law he helped implement on funding for retirement plans.  He and the teachers union have been at each other's throats for years, so how did he get in bed with them suddenly?  I guess I'm confused about the story, but I'd say he's a bit BENT, if not out and out " un-straight," not to come out and say "crooked."


But what else is new in politics?
"Liberty lives in the hearts of men and women; when it dies there, no constitution, no laws, no court can save it." - Judge Learned Hand, 1944

Dallasbeek

Sorry about being off topic, but it is still about draconian acts in NJ, I guess.
"Liberty lives in the hearts of men and women; when it dies there, no constitution, no laws, no court can save it." - Judge Learned Hand, 1944

beemaster

I'm a big fan of going off topic - don't sweat that - lol. Yeah, Christie and teachers have hated each other since day one. I'm not fluid as an NPR broadcast :P so I'll leave that alone, but Christie didn't increase state taxes making him popular until people realized he cut local township funding CAUSING the townships to raise THEIR taxes. Then the people weren't so in love with his tax plan.

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jalentour

Beemaster,
The charges were dropped against the owner of the antique firearm.
I suspect that after ballistics analysis, it could not be fired, therefore, not a weapon.  Kind of like a pizza slice chewed into the shape of a gun is not a gun.
Maybe it was prosecutorial judgement?  (add to your spell check)

I don't recall which state it was reported, police were scanning plates of out of state cars.  Police would pull over cars whose owners were registered CC in their home state.  No cause given to drivers for pulling them over or search of their car.  I think it was Maryland or NJ.  Major legal problems for the out of state driver.