PV vs New Jersey--Red Flag Law

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  • pcfixer

    Ultimate Member
    May 24, 2009
    5,948
    Marylandstan
    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
    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?
     
    Last edited:

    jcutonilli

    Ultimate Member
    Mar 28, 2013
    2,474
    Wonder if this will on the next conference?

    Probably not, but it is hard to tell because NJ has not responded. SCOTUS usually gives multiple weeks leeway to respond and it is slightly less than 2 weeks late and the next conference is about a week later. It will likely come up in a few weeks past the next conference, but it depends on how much leeway SCOTUS gives and whether there actually is a response.
     

    pcfixer

    Ultimate Member
    May 24, 2009
    5,948
    Marylandstan
    Probably not, but it is hard to tell because NJ has not responded. SCOTUS usually gives multiple weeks leeway to respond and it is slightly less than 2 weeks late and the next conference is about a week later. It will likely come up in a few weeks past the next conference, but it depends on how much leeway SCOTUS gives and whether there actually is a response.

    Sep 22 2021 DISTRIBUTED for Conference of 10/8/2021.
     

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