NJ ANTI-GUNNERS RUNNING SCARED: Motion to Intervene in NJ Carry Law Challenge a Sign of WEAKNESS

Published on January 26, 2023
Duration: 12:27

This video analyzes a motion to intervene filed by New Jersey state legislators in a lawsuit challenging the state's concealed carry laws. The speaker, Mark Smith, a constitutional attorney and host of The Four Boxes Diner, argues that this motion signals weakness and fear from anti-gunners in New Jersey. He explains the legal precedent for legislative intervention, typically when the executive branch or Attorney General is not adequately defending a law due to political disagreement. However, in New Jersey's case, the legislature, governor, and Attorney General are aligned in supporting gun control, making the intervention unusual and indicative of a belief that the current defense is insufficient or that the law itself is constitutionally vulnerable following the Bruen decision.

Quick Summary

New Jersey legislators filed a motion to intervene in lawsuits challenging the state's concealed carry laws, a move the speaker interprets as a sign of weakness. This intervention is unusual as the state's executive and legislative branches are typically aligned on gun control. It suggests legislators fear the current defense is inadequate or that the laws are unconstitutional post-Bruen, potentially seeking to protect their reputations.

Chapters

  1. 00:00NJ Concealed Carry Laws Under Fire
  2. 00:20Introduction: Mark Smith, The Four Boxes Diner
  3. 00:43Background: NJ Gun Laws & Bruen Decision
  4. 01:15Consolidated Lawsuits Before Judge Bomgardner
  5. 01:42Key Lawsuits Challenging NJ Laws
  6. 02:35Motion to Intervene Filed by NJ Legislators
  7. 03:09Precedent for Legislative Intervention
  8. 03:33Classic Example: Political Party Divide
  9. 07:28The Unusual Case of New Jersey
  10. 08:06Why Intervene When Interests Align?
  11. 09:04Legislators Scared for Their Legislation
  12. 09:17Reality of the Motion to Intervene
  13. 10:00Speculation: Protecting Legislator Reputations
  14. 11:33Motion to Intervene: A Sign of Weakness
  15. 11:49Second Amendment Trumps NJ Elites
  16. 12:10Conclusion: The Four Boxes Diner

Frequently Asked Questions

Why did New Jersey legislators file a motion to intervene in the concealed carry law challenge?

The speaker suggests New Jersey legislators filed a motion to intervene because they fear the state's Attorney General and Governor may not adequately defend the challenged concealed carry laws, possibly due to political disagreements or perceived incompetence. This intervention is seen as a sign of weakness and fear that their legislation is vulnerable post-Bruen.

What is the significance of Judge Bomgardner's temporary restraining order in New Jersey?

Judge Bomgardner's temporary restraining order is significant because it indicates a preliminary finding that most of New Jersey's new concealed carry laws are unconstitutional under the Second Amendment, following the Supreme Court's Bruen decision. This ruling sets a favorable precedent for the lawsuits challenging these laws.

What is the typical reason for state legislators to intervene in a lawsuit defending a law?

Typically, state legislators intervene when there's a political divide between the legislative branch and the executive branch (Governor/Attorney General). If the executive branch opposes the law, legislators may intervene to ensure it is vigorously defended in court, as they fear the executive's defense might be half-hearted or intentionally weak.

How does the Bruen decision impact New Jersey's concealed carry laws?

The Bruen decision established that the Second Amendment protects an individual's right to carry firearms in public for self-defense. New Jersey's new concealed carry laws, which impose stricter requirements and 'sensitive place' restrictions, are being challenged as unconstitutional because they allegedly infringe upon this right recognized in Bruen.

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