Tom Gresham's Gun Talk - 1.12.14 Part C

Published on January 14, 2014
Duration: 44:45

This episode of Gun Talk features an in-depth discussion with gun rights attorney Evan Nappen regarding a significant legal victory in New Jersey. The appeals court ruled that municipalities cannot add extra requirements to firearm license applications beyond state statutes, specifically addressing an instance in Patterson where additional photos and information were demanded. This ruling reinforces the individual right to bear arms and challenges overreaching local regulations, offering a model for similar challenges in other states.

Quick Summary

In a significant legal victory for gun rights in New Jersey, an appeals court ruled that municipalities cannot add extra requirements to firearm license applications beyond state statutes. This decision, stemming from a case in Patterson, reinforces the individual right to bear arms and challenges overreaching local regulations, serving as a model for similar legal actions across the state and country.

Chapters

  1. 23:12Introduction to Gun Rights Battles
  2. 23:48Guest Evan Nappen: Gun Rights Attorney
  3. 24:02Major Victory in New Jersey Appeals Court
  4. 24:34Patterson, NJ Case Details
  5. 25:21Client Mr. Perez's Stand
  6. 26:14Judge's Criticism of Town Actions
  7. 26:45The 'No Shrug Policy'
  8. 27:34Heller and McDonald Decisions Explained
  9. 29:21Upcoming Pentan Case
  10. 30:34Concluding Remarks and Next Segments

Frequently Asked Questions

What was the recent legal victory concerning gun licenses in New Jersey?

An appeals court in New Jersey ruled that towns cannot impose additional requirements, such as photographs or extra information, on firearm license applications beyond what state statutes mandate. This decision specifically addressed actions taken by the town of Patterson.

How do the Heller and McDonald Supreme Court decisions impact gun rights in states like New Jersey?

The Heller decision affirmed the individual right to keep and bear arms under the Second Amendment. The McDonald decision further applied this right to the states, meaning state and local governments cannot infringe upon it, overturning previous interpretations that the Second Amendment only applied federally.

What is the 'no shrug policy' in the context of gun rights advocacy?

The 'no shrug policy' encourages individuals to actively challenge unjust laws and regulations rather than passively accepting them. It promotes standing up and taking action to defend Second Amendment rights, rather than shrugging and saying 'that's just the way it is'.

What is the significance of the Pentan case for New Jersey gun owners?

The Pentan case is significant because the New Jersey Supreme Court will address whether the 'justifiable need' requirement for obtaining a carry license violates the Second Amendment right to bear arms outside the home. This is the first time in 45 years the court will examine the Second Amendment in relation to NJ gun law.

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