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https://www.supremecourt.gov/DocketPDF/21/21-175/185703/20210804123932993_40893 pdf Nappen br.pdf
https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/21-175.html
Questions presented
https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/21-175.html
Questions presented
Pursuant to an “interest of public health, safety or welfare” test, the state of New Jersey denies people permits to purchase firearms for home possession.
N.J.S.A. § 2C:58-3c(5). New Jersey also denies people
the acquisition and possession of firearms if they have ever had a firearm seized pursuant to domestic violence that was not returned to them.
N.J.S.A. § 2C:58-3c(8); N.J.S.A. § 2C:39-7b(3).
The Questions Presented are:
1. What is the scrutiny level afforded the
Second Amendment right to possess firearms in the home?
2. Does a state’s denial of a person’s Second Amendment rights “in the interest of public health, safety or welfare” constitute:
a. an unconstitutionally overbroad or vague standard, and/
b. an unlawful balancing test in offense to Heller, and/or
c. a wrongful denial of Due Process
notice?
3. May government deny a person’s Second Amendment rights in perpetuity merely because a firearm was seized from him “for safekeeping” and not returned?
4. Is a warrant issued to search and seize firearms from a home “for safekeeping”
valid probable cause under the Fourth
Amendment?
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