US Court of Appeals Affirms NJ Gun Law Requiring Gun Owners Provide Justifiable Need to Own a Gun, Full-hearing Next

Living Not Surviving – by Ahmed Serag

The United States Court of Appeals for the third circuit will be holding a full-hearing on an important case challenging gun laws in New Jersey; specifically the court will hear a case challenging the NJ gun law that requires Americans provide “justifiable-need” to government to own a handgun.

A three judge panel in the US Court of Appeals for the third circuit affirmed a prior court decision ruling by a 2-1 vote in favor of the NJ gun law requiring residents give justifiable-need to own a gun. The defendants have appealed and will proceed to a US Court of Appeals full-hearing, which could then head to the supreme court.  

Thanks to coverage by Maryclaire Dale at the Associated Press, the dissenting judge’s brave-words can be heard; Judge Thomas M. Hardiman argued:

“the Second Amendment trumped state law, because the need for self-defense exists within and outside the home.” 

Thanks to Salvador Rizzo at NJ.com, the state of mind and bias of the 2 affirming judges can be further exposed and summarized in their own words. Americans who want to purchase a gun are required to prove to government they have:

“urgent-need for self-protection”

The Right to self-defense is self-evident.

As Judge Thomas M. Hardiman stated, to live, you must survive, to survive, you must be able to defend yourself.  You must be able to exert control over your body, your property, and interact with others in way of fun, or in way of mutual exchange, benefit, trade, and in defense. Just as the rights of free speech, and freedom of expression, are self-evident, the right to self-defense is so.

The Second Amendment clearly enumerates the right of a free people to supply themselves “necessary to the security of a free state”, and to form and maintain a “well regulated Militia”. A Militia is not a group of handgun-carrying citizens; it is a well-armed group of citizens, likely carrying Military grade weapons, such as assault/defense rifles.

“If you have a right to bear arms, and the Constitution says that you do, then whatever else the state might do, it can’t say that you’re not entitled to exercise the right unless they agree that it happens to be a good idea…”

-Attorney challenging the NJ Gun Law, Alan Gura, quoted by CBS Local

This specific violation in New Jersey gun laws would be exactly like the government requiring you provide justifiable need to purchase groceries for your family, purchase a home to shelter yourself, or purchase a vehicle to travel.

Because all of these kinds of property provide a function, satisfy a need, or satisfy a want, and a gun is a piece of property that provides a function and so on, the government is literally prohibiting an American from purchasing a specific type of property, and threatening jail time for purchasing or utilizing that piece of property without their permission and a justifiable need approved by government.

The NJ government is requiring its citizens, by threat of imprisonment, justify their need to defend themselves and those they choose to interact with and love.

Just three statistics from Gun Owners of America expose the court’s disgusting affirmation and the disgusting effects of ignorant and truthfully evil lawmakers:  

  1. “Guns are used 2.5 million times a year in self-defense. Law-abiding citizens use guns to defend themselves against criminals as many as 2.5 million times every year—or about 6,850 times a day.(1) This means that each year, firearms are used more than 80 times more often to protect the lives of honest citizens than to take lives.(2)”
  2. “Of the 2.5 million times citizens use their guns to defend themselves every year, the overwhelming majority merely brandish their gun or fire a warning shot to scare off their attackers. Less than 8% of the time, a citizen will kill or wound his/her attacker.(22)”
  3. “As many as 200,000 women use a gun every year to defend themselves against sexual abuse.(23)” 

The Constitution did not have an expiration date; its amendments were not to be followed only to a certain year, or only to a certain extent of technology. The Rule of Law, the Constitution, is law based on predetermined principles and values, not to be sacrificed, but to be used to guarantee the freedom of individuals from government, to grow, create, own, and utilize.

It is governments which must require justifiable-need to violate a person’s rights. 238 years have passed, and things have changed, but the beautiful property of the Bill of Rights, the Rule of Law, and Natural Rights is that they are timeless.

Judges will work in cohorts with planners to attack gun rights, police departments willuse and request militarized equipment, police will attempt to occupy American’s homes, dogs will be used to search Americans, and SWAT teams will conduct lawless raids, but their actions will only be exposed more and more, their continued violations will only perpetuate the opposition, they will forever be wrongfree men will forever defend those offended Rights, and the state will never conquer the minds of men.

I advise and will assist in close-watch of this case, and recommend “eternal vigiliance” in defense of the Rights in discussion.

Ahmed Serag

http://livingnotsurviving.com/2013/08/03/us-court-of-appeals-affirms-nj-gun-law-requiring-gun-owners-provide-justifiable-need-to-own-a-gun-full-hearing-next/

11 thoughts on “US Court of Appeals Affirms NJ Gun Law Requiring Gun Owners Provide Justifiable Need to Own a Gun, Full-hearing Next

  1. There will be no end to gun grabbing legislation. They’re going to do whatever they can get away with that moves them a step closer to their ultimate goal of completely disarming us all, so we might be enslaved and/or killed.

    As soon as one law is defeated, another will be written. The eventual result will be fatigue on the part of those fighting to defend our second article rights. They’ll throw up their arms in frustration, and shortly thereafter it will either come to a fight, or the people will be disarmed.

    Make your choice, and prepare to defend it.

  2. If the government TAKES your means of self-defense, then the government ASSUMES FINANCIALLY RESPONSIBILITY for ANY damage caused by criminal action. The government must “make you whole” both for injury and for property loss.

  3. Simple, I need a gun to exercise my right to own a gun. The law is circular bullshit logic. If it is a right, no permission is needed. If it is a privilege, then you’re nothing more than a slave asking for permission from your master. Clear, concise and as obvious as it can be.

    “Please massa, may I have permission to pilot and navigate an automobile?”

    “Please massa, may I have permission to fish in the waters you own?”

    “Please massa, may I have permission to hunt on the land you own?”

    “Please massa, may I have permission to live in your house? I will work hard to pay all the expenses of your house and pay you tribute to live in it, but I know it’s always your house.”

    “Please massa, may I pay you tribute to visit the parks you own?”

    You get the idea slave. You were told you are free and have unalienable rights, but you’re really just a slave on the plantation. The police are trustees of the plantation that love the massa so much, they are willing to kill for their servitude. If you ever manage to realize your precarious situation, the rest of the slaves have been conditioned to ridicule you and will mock you. If you complain too much about your enslavement or become disobedient to your slave massa, you may be assaulted, kidnapped and thrown in the dungeon by the trustees. Depending on the mood of the trustees that day, they may just execute you in the home you’re taking care of for your massa. Got all that, slave? Good, now get back to work.

  4. Heres my proof that I have the justifiable need to own a gun In the state of New Joisey.

    1. My govt has turned Tyranacle and Opressive by infringing on my God given inalianable rights.

    2. I will hold up a copy of NDAA 1867 and the 2013 version. Nuff said. My govt declaired war on me because I believe in the Constitution. Next, I will hand them a copy of the MIAC Report as proof American citizens aka We the People have been declared enemy of the State by DHS In the document in black and white.

    3. Last bit of proof that I have the justifiable need to own my guns..
    The sheer fact that you just kicked in my door to ask me should be sufficient?

    I will provide the questioning party with pocket Constititions, then school them about the Bill of Rights sitimg our Forefathers Redress as our solution to disolving a governance that has become non represenative of We the People. Order some pizzas, then go target shooting in my back yard. We will make a party of it.

  5. “……gun law that requires Americans provide “justifiable-need” to government to own a handgun.”

    The ONLY ;justification’ we need is the 2nd Amendment.

    NOTHING has changed since it was written, insofar as its intent, except for the greater need of it.

  6. The only justification you’ll ever need. “I need a gun to protect myself from government officials and agents who think that I need their permission to own a gun.”.

  7. Why not just use their own lies against them?
    Hey, we are in a War on Terror and I need my guns because Al-Qauda is coming to get me. The govt. says their coming….why are you trying to disarm me? What do I do when the terrorists show up…defend myself with a pointy stick?
    Or I could argue that an exception to the Law isn’t a law.

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