Mcdowell v Grewal NJ’s Carry Permit Scheme, Violates Full Faith & Credit

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  • wolfwood

    Ultimate Member
    Aug 24, 2011
    1,361
    https://www.scribd.com/document/444064274/Charles-Douglas-Mcdowell-v-Grewal
    Read more: https://www.ammoland.com/2020/01/de...eme-violates-full-faith-credit/#ixzz6BtVkh7nc Under Creative Co
    NJ’s Carry Permit Scheme, Violates Full Faith & Creditt

    Read more: https://www.ammoland.com/2020/01/de...eme-violates-full-faith-credit/#ixzz6BtWDv8v8
    Under Creative Commons License: Attribution
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    EATONTOWN, NJ – -(AmmoLand.com)- The U.S. Constitution’s Full Faith and Credit Clause (Article IV, Section 1) requires that states respect the “public acts, records, and judicial proceedings of every other state.” Yet, New Jersey refuses to recognize any other state's licenses to carry a handgun.

    Charles McDowell of Georgia and Thomas Muller of Delaware possess judicial court Orders granting them licenses to carry weapons. Their Orders were issued by judges in judicial proceedings by state courts, just as New Jersey's licenses to carry are also issued by judges.

    Based on the above, the law firms of Evan F. Nappen Attorney at Law, P.C. and Giaramita Law Offices, P.C. have brought a Civil Rights Action in the United State District Court, New Jersey, on behalf of McDowell and Muller against NJ Attorney General Gurbir Grewal and every NJ County Prosecutor.

    Plaintiffs seek a declaratory judgment that McDowell’s and Muller’s judicial Orders granting license to carry weapons be honored in New Jersey pursuant to Full Faith and Credit.

    “This case is the first step in gaining reciprocity by making New Jersey's handgun permit system more reasonable and in step with the overwhelming majority of States in the US,” said Evan F. Nappen, Esq. “This case potentially breaks New Jersey's stranglehold on permits to carry a handgun by opening the door for good people to carry again in New Jersey.”
     

    Steel Hunter

    Active Member
    Nov 10, 2019
    548
    I am definitely not a lawyer but I love the simple creativity of the argument. I think this is more about what states are allowed to regulate with respect to firearms. One could just as easily argue the initial court order was for a permit in X state and only applies there. The other state is questionably respecting the initial court order because their own licensing system doesn't change the rules for the original state. This is my highly uneducated thought on the defense.

    Of course, I hope NJ gets their rears handed to them in court with reciprocity being granted, but we will have to wait quite some time to find out what happens.
     

    Allen65

    Ultimate Member
    MDS Supporter
    Jun 29, 2013
    7,063
    Anne Arundel County
    Interesting. It would also short-circuit VA's pending bill to eliminate reciprocity, if it makes its way to SCOTUS. But that's a long way off.
     

    swamplynx

    Active Member
    MDS Supporter
    Jul 28, 2014
    678
    DC
    I’ve always thought this is a good approach and also builds on the precedent established in Obergefell v. Hodges (gay marriage). If marriage is a right and recognition of which can’t be discriminated by a state, bear shouldn’t be any different. The gap here is that scotus hasn’t established that bear is a right to our liking or to a degree that the lower courts respect.
     

    delaware_export

    Ultimate Member
    Apr 10, 2018
    3,142
    If it does work, you can bet it’ll spread among the 2a community. That said, I think it’ll be subject to the BUT BUT BUT it’s guns exception. Ianal. So here’s hoping the pro 2a legal folks are successful.
     

    press1280

    Ultimate Member
    Jun 11, 2010
    7,878
    WV
    I'm thinking NJ isn't exactly the right venue to pursue this kind of case. NJ does allow out-of-staters to apply for a CCW.

    NY and CA are probably the best targets, as they don't issue non-resident permits and have zero reciprocity.
     

    Kharn

    Ultimate Member
    Mar 9, 2008
    3,578
    Hazzard County
    CA's permits are from a sheriff, not a judge.

    The case doesn't revolve around any availability of licensing, just judicial acts being recognized. Either they must be, or that clause is void, which isn't acceptable under SC precedent stating there are no meaningless clauses IIRC. But, because guns...
     

    motorcoachdoug

    Ultimate Member
    MDS Supporter
    I'm thinking NJ isn't exactly the right venue to pursue this kind of case. NJ does allow out-of-staters to apply for a CCW.

    NY and CA are probably the best targets, as they don't issue non-resident permits and have zero reciprocity.

    Mabe add Marylanestine as a target for that approach as well. Would love to see Herr Frosh and the demoRATS in the MGA heads explode over this.... :lol::lol::lol2:
     

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