Michael McGovern finally gets his NJ handgun Permit

[Arizona_Mike]

Seven months after winning overwhelmingly in court, McGovern finally got his permit.
[resize=400] [/resize]

Last April, the appeals court determined:
1. Forms Jersey City demanded be filled out including such thigns as 'Auto Plate Number,’ ‘Previous Addresses,’ ‘Previous Employer,’ and ‘the names and ages of all people who reside in your household.’ were contrary to the State statute and illegal.
2. By refusing to fill out illegal forms, McGovern did not demonstrate "poor character" or that he was "a threat to public health and safety".
3. With regard to McGoverns very old Florida misdemeanor arrest record, the court found the burden of proof on the State but said that McGovern has a duty to provide documentation (which requred spending significant amounts of money) to prove he was never convicted.
4. McGovern recording conversations to which he was a party to document his case was legal and does not demonstrate "poor character".

I think #3 is very problematic. This combined with the abuse of authority behind 1,2&4 really make the case as to why "may issue" is not enough.

Eugene Volokh has all the details and had blogged about this case extensively in the past: http://www.washingtonpost.com/news/volokh-conspiracy/wp/2014/12/01/gun-rights-even-in-new-jersey/

Mike

 

[Midwest]

I think this refers to the Firearms ID Card in order to purchase long guns. And I'm sure the handgun permit is really a 'permit to purchase' and not a carry permit.
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[mnrivrat]

"is granted permission" to purchase rifles and shotguns. Nothing about handguns on this "permission" slip.

Needing permission to purchase isn't what I would call having rights. Turns my stomach to witness this crap.

 

[Willie Sutton]

^^ The card he was issued is in fact nothing more than a Firearms Identification card.

It permits the purchase of long arms.

It's a prerequsite to apply for a handgun purchase permit, which allows him to buy ONE handgun per permit issuance, within 90 days of it's issue. One permit may be issued every 30 days, but "good luck" on that. I've had them take 6 months to be issued.

None of the above allows *anything* to be carried except to and from shooting at a range, or to andfrom a hunting venue. Legally you can't even transport a firearm to a gunsmith in NJ, and nobody is ever issued a CCW. It would be better to have NJ be no-issue for CCW than be the restrictive shall issue it is, from a legal challenge standpoint. But it is what it is.


"Good on Him" for getting his FID, but... still.... it's a lot of work to gain the same thing that others gain by simply turning 18 years of age almost everyplace else. Some victory. But we gain a little every time a fight like this is won, so it's worth that if nothing else.


Willie

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[Midwest]

What is especially good about this article, it sheds light on the onerous, draconian, ridiculous, antiquated process in New Jersey to buy a simple rifle...to a national audience.
Maybe some intrepid reporter who sees that article will have the nerve to ask Chris Christie why gun rights are so bad in New Jersey and if that is his idea of what 'gun rights' across the land should be if he were the president. Wonder what his response would be?
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[Arizona_Mike]

Midwest, that is correct.
Frank, I did not know about [resize][/resize]. Thanks.

Mike

 

[herrwalther]

I have a close friend who lives in NJ. He is still on the wait list for his FID, and he only wants to purchase one rifle for nostalgic purposes. Going on two years now, regardless of how many friends and family are police officers, lawyers, and judges. Every week I try to convince him to move to a free state.

 

[Willie Sutton]

"Maybe some intrepid reporter who sees that article will have the nerve to ask Chris Christie why gun rights are so bad in New Jersey"


They are this way because starting in the 1920's NJ started passing gun control laws to keep them put of the hands of blacks. The FID process dates to the early 60's as does the handgun permit process. When I was in my 20's it took me less than 3 days to get a handgun purchase permit. The issuer is the CLEO of your town, not the state (unless you are in an unincorporated area, in which case it's the State Police who issue). They process could be done in less than a day. What's happened is that NJ's CLEO's are using their "discretion" to slow down the issuance of permits. Want to complain? Don't complain to Christie, either sue your local CLEO like this guy did, or get the leguislature to send a bill changing the laws to Christie for his signature. It's a republic, not a dictatorship. Legislatures pass bills, Governers sign them.


Willie

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