Judge denies motion to dismiss case against Philly mom arrested for legal gun in NJ - Page 3
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Judge denies motion to dismiss case against Philly mom arrested for legal gun in NJ


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Old 08-09-2014, 01:32 PM   #21
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Unless you would be willing to let the Federal government set carry laws,
Apparently the words "shall not be infringed" doesn't carry much meaning to you?
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Old 08-09-2014, 02:07 PM   #22
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Apparently the words "shall not be infringed" doesn't carry much meaning to you?
Correct. I support state's rights as long as they do not exceed constitutional limitations.
State laws are continually being overturned as unconstitutional, why not gun restrictions?
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Old 08-09-2014, 02:35 PM   #23
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Correct. I support state's rights as long as they do not exceed constitutional limitations.
State laws are continually being overturned as unconstitutional, why not gun restrictions?
We are working on it. We have Palmer v. DC and Peruta v. San Diego that have done just that. They are either going to the SC or will be ratified.

The NRA also was instrumental in our victory in Shepard v. Madigan which ruled IL's ban on concealed carry unconstitutional.

http://www.nraila.org/News/Read/NewsReleases.aspx?ID=15127


As average citizens, If we are going to succeed in our fight to uphold the Second we MUST do two things. We must vote and vote correctly and we must help fund these freedom fighters with Financial contributions.
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Old 08-09-2014, 03:18 PM   #24
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Apparently the words "shall not be infringed" doesn't carry much meaning to you?
Lemmy ax ya a question.

You have posted this "shall not be infringed" more than a few times on this Forum, correct. Well it is obvious that our Government does "Infringe" on our rights and that we must fight to take them back and to STOP them from taking more from our Freedom Cake.

What exactly are you as a Gun Owner doing to help the cause? As a matter of fact, I would like to ax all of you here the same question. We all Bitch and we all piss and moan, but what are we really doing about it?

Me, I sit on my PC and bitch, I also belong to the NRA and I contribute extra $Money$ when I order from places like Midway. I also contribute to two Pro Gun Organizations here in MN that work with our State legislators. I also vote for the most gun friendly Conservative candidates that can WIN, none of that (L) BS or staying home in protest for me.

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Old 08-09-2014, 03:21 PM   #25
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So you're saying that the officer had no discretion here?
An officer has little or no discretion if the action is a felony under the statutes.


And the 2A is not involved. Read Justice Scalia'a majority opinion in Heller, and he makes it clear that the court recognizes that the states have some limited leeway in regulating carry.

Whether you agree with the Court or not is irrelevant. Right or wrong, it's decisions are the law of the land unless and until another Court reverses that decision at a later date, or the Constitution itself is amended.
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Old 08-09-2014, 03:24 PM   #26
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An officer has little or no discretion if the action is a felony under the statutes.


And the 2A is not involved. Read Justice Scalia'a majority opinion in Heller, and he makes it clear that the court recognizes that the states have some limited leeway in regulating carry.

Whether you agree with the Court or not is irrelevant. Right or wrong, it's decisions are the law of the land unless and until another Court reverses that decision at a later date, or the Constitution itself is amended.
True, but the Prosecute does have "Discretion", he chose not to use it and is pushing for the Max.
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Old 08-09-2014, 03:34 PM   #27
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True, but the Prosecute does have "Discretion", he chose not to use it and is pushing for the Max.

Absolutely correct. As an officer of the court, the prosecutor has near absolute discretion. If the case is presented to a Grand Jury, they can also return a "no true" bill preventing the case from going to trial.

If it goes to trial, The trial judge can dismiss charges, the Petit Jury has nullification power as well.

There are numerous places where the power of discretion is expected, and allowed, to be used.
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Old 08-09-2014, 04:15 PM   #28
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Apparently the words "shall not be infringed" doesn't carry much meaning to you?
It does not matter a whit what it means to me (or you). Law is what it means to the State and Federal Supreme courts. If you don't believe me, try it. You may end up being the "righest" man in prison.
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Old 08-09-2014, 04:48 PM   #29
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Absolutely correct. As an officer of the court, the prosecutor has near absolute discretion. If the case is presented to a Grand Jury, they can also return a "no true" bill preventing the case from going to trial.

If it goes to trial, The trial judge can dismiss charges, the Petit Jury has nullification power as well.

There are numerous places where the power of discretion is expected, and allowed, to be used.
We don't know enough to criticize the DA either. A prosecutor in NJ may find it impossible not to charge. After all the State is giving the woman her day in court. Unless there were some aggravating circumstances, I don't see her doing hard time. Do you Loc?
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Old 08-09-2014, 05:35 PM   #30
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True, but the Prosecute does have "Discretion", he chose not to use it and is pushing for the Max.
the prosecutor on this is not passing the smell test. this is the same clown that gave ray rice a sweetheart deal after rice pounded his fiancÚ half to death.

new jersey is a cesspool. if you live there, get out while you still can.
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