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Would the implied level of scrutiny from McDonald as applying to the states be applicable in an appeal in this case?

Either way, and appeal should be a no-brainer for the judge's egregious behavior.

As a former resident, I can confirm, New Jersey sucks.
 

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Junior Butt Warmer
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To buy a gun in New Jersey, you must go through a laborious process to obtain a "purchaser's permit." But that permit doesn't entitle you to possess a gun. A few select groups of people, mostly off-duty police officers and security personnel, can obtain carry permits. But anyone else with a gun is presumed to be violating state law and must defend against the charge of illegal gun possession by claiming one of the state's exemptions.

Evan Nappen, who is representing Aitken in his appeal, likens the process to claiming self-defense in a murder case. "If you kill someone because they're about to kill you first," he says, "you're still guilty of homicide. You have to prove you should be granted the exception for self-defense. It's the same thing for just about all New Jersey gun owners. You're guilty until you prove that you're innocent.â€
. . .
In a telephone interview, [Judge] Morley (who lost his job when Gov. Christie declined to reappoint him in June because of rulings in unrelated cases) says he didn't allow the jury to consider the moving exception because "it wasn't relevant."
:faint:
 

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As far as I'm concerned, Judge Morley acted in a criminal manner. He was already dismissed from the bench, but I don't know if that prohibits him from practicing law in other forms. Assuming I'm correct, he should be disbarred immediately. It is clear that he is an anti-gun loon and he acted on those views. Judges are supposed to interpret laws and leave their politics at home. He failed to do this, and as a result, he should no longer be allowed to practice law (and release Mr. Aitken now!).

In other news, reading about the cases that got Morley dismissed, one of them involved a man receiving oral sex from a cow. Legality and morality aside, how could anyone think that's a smart thing to do? I've seen that obnoxious way cows chew, and I'm pretty sure sticking your junk in its mouth is a really crappy idea. Yuck.
 

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GFLinTX said:
.

In other news, reading about the cases that got Morley dismissed, one of them involved a man receiving oral sex from a cow. Legality and morality aside, how could anyone think that's a smart thing to do? I've seen that obnoxious way cows chew, and I'm pretty sure sticking your junk in its mouth is a really crappy idea. Yuck.
:lol:reminds me of "THE COWBOY WAY" http://www.youtube.com/watch?v=CZv0h4Tt ... re=related
 

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I grew up there too and with God as my witness I would NEVER go back. This story makes me absolutely burn. Score a political point by throwing someone in jail for no good reason to distract voters from the fact that the state is being run into the ground.
 

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New York City is insanely very similar. I remember what a hassle it was having to go back and forth to One Police Plaza in Manhattan to apply for and get your "purchasing coupon", especially if you were buying the pistol for a decent price out on Long Island. After which you had to immediately take the weapon back down to 1PP for "inspection" and to get it added to your "target permit". This did not allow carry of any sort except to and from an approved range in a locked container separate from the ammunition.

What a hassle that was, and was I ever so happy to get the hell out of there.
 

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I have one general comment.

Juries should be allowed the greatest possible leeway in hearing all the evidence that either side considers relevant.
If it doubt, let the jury hear it.
Things that are currently excluded from the juries should probably be let in with an instruction of caution from the judge, saying that this kind of evidence or testimony has often been excluded from courts for reasons X and Y, but now the new policy is to let the jurors hear it and assign whatever weight they think it's worth.

One side will say that the evidence is worthless and should be given no consideration at all. (Example: "Who cares if this guy moved from Colorado to New Jersey a month and a half ago? He'd been storing those guns at his new home or in the trunk of his car for weeks. He was not moving.")

The other side can and should argue that the information is relevant and would provide a valid defense if the jury agrees.
 

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Metalheadisme said:
Would the implied level of scrutiny from McDonald as applying to the states be applicable in an appeal in this case?

Either way, and appeal should be a no-brainer for the judge's egregious behavior.

As a former resident, I can confirm, New Jersey sucks.
Ditto!
 

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in 2008 the New Jersey legislature and then-Gov. John Corzine changed the law to make the penalty for possessing a gun the same as the penalty for using it to commit a separate crime. That means someone like Aitken gets the same punishment as someone who assaults another person with a gun.
WHAT???!!! Are you kidding me?! This completely defies the laws of sanity!

:screwy: :banghead: :faint:
 

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Old, Slow, Boring Dude
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Stupid Mom (Good sheep, though))

Stupid Brian (He let them search his car???)

Stupid Cops (They determined he wasn't a threat but searched his car anyway)

Stupid Judge (Refused to allow pertinent testimony... No common sense)

Stupid Jury (Why did they convict if they did not want to?)

STUPID LAWS!!!!!

GRRRRRRR
 

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Brought to you by the state that doesn't allow you to pump your own gas...
 

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samman23 said:
gruntpain1775 said:
Brought to you by the state that doesn't allow you to pump your own gas...
why can't they pump their own gas?
Morons in the legislature who have no understanding of economics and have never read Economics in One Lesson by Henry Hazlitt, which should be required reading for anybody holding office. They think it creates jobs. Maybe they should make you turn over your car for somebody else to drive it up to the pump, and somebody else to drive it back to where you are waiting. This, with the gas pumper, would create three jobs instead of just one. Why, the possibilities for job creation are endless if you are a moron.

Oregon has this same law, but you can carry a pistol into an elementary school.
 

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The origins of the law date back to the early 40's. Their legislators determined that people shouldnt handle such a hazardess material on their own and require trained professionals.

My guess is their kids were so dumb they figured they would never be anything more than a gas station attendant for the rest of their lives, so they created job security for them.

Not saying anything is wrong with being a gas station attendant.
 
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