New Jersey Governor Murphy’s GIANT Gun Grab

by Evan F. Nappen, Esq.

Gun Confiscation Hurricane Katrina, New Orleans
New Jersey Governor Murphy’s GIANT Gun Grab

New Jersey –  -(Ammoland.com)- Assembly Bill 1217 is being fast tracked with 6 other bills to take away the remnants of any remaining gun rights of New Jersey citizens.

This proposed law will allow your guns to be easily confiscated based on “grounds” so flimsy, they defy belief. The level of proof is only Probable Cause. Only one side (the plaintiff) is heard by the court. Any person can apply to have guns taken from another person.

The “grounds” cover a multitude of issues, but here are some of the most concerning:

  • “…evidence of recent acquisition of firearms or other deadly weapons…” The mere recent purchase of a gun can be considered as “grounds” to seize your guns.
  • “…any prior arrest of the person for a crime or offense…” Any “arrest”, not even a conviction, is required. “Offenses” arguably include traffic offenses. Get a speeding ticket and apparently it can be considered as “grounds” to seize your guns.
  • “… a recent threat.. directed toward others…” It does not require a criminal threat. Threaten to not shop at a certain store, and it can be considered as “grounds” to seize your guns.
  • “… a recent threat.. directed toward yourself…” This also does not require a criminal threat. Threaten to hold your breath, and it can be considered “grounds” to seize your guns.
  • “…the history of use, attempted use, or threatened use of physical force by the person against other persons…” Criminal or even unlawful physical force os not required. Playing football, having a history of playing football or threatening to play football, can be considered “grounds” to seize your guns.

The court only has to be satisfied in an ex parte hearing, (Meaning the court only hears one side. The gun owner is not present. Only the person asking for the guns to be taken speaks to the court.) The court must find that the person poses a, “significant risk of personal injury to himself or others by possessing a firearm” based on the one-sided evidence presented.

In New Jersey one can bet that simply having a gun will be considered a “significant risk of personal injury.” The anti-2nd Amendment crowd has argued that for years.

This bill is proof of the threat to our gun rights. We must fight it.

A special session of the Assembly Judiciary Committee for Wednesday is scheduled for February 28 2018 to consider this and the other 6 Anti-2A bills.

Please contact Members of the NJ Assembly Judiciary Committee and tell them to vote no.

Here is their contact information.

*See Below for Email Addresses Only

Assemblywoman Annette Quijano (D20) — Chair
[email protected]
P: (908) 624-0880

Assemblyman Joseph A. Lagana (D38) — Vice Chair
[email protected]
P: (201) 576-9199

Assemblyman Arthur Barclay (D5)
[email protected]
P: (856) 541-1251

Assemblyman Gordon M. Johnson (D37)
[email protected]
P: (201) 530-0469

Assemblywoman Carol A. Murphy (D7)
[email protected]
P:(856) 735-5334

Assemblyman Michael Patrick Carroll (R25)
[email protected]
P: (973) 539-8113

Assemblyman Erik Peterson (R23)
[email protected]
P: (908) 238-0251

Email cut and paste line * [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]

 


Evan Nappen
Evan Nappen

About:

Evan Nappen (www.EvanNappen.com) is a criminal defense attorney who has focused on New Jersey firearms and weapons law for over 23 years. He is the author of the New Jersey Gun Law Guide. Visit his website at www.EvanNappen.com

  • 26 thoughts on “New Jersey Governor Murphy’s GIANT Gun Grab

    1. I live up in Sussex County, NJ.(Northwestern corner of the state) and have been a gun collector for over 35 years. I was a shooter and a hunter until my eyes went bad from Optic Neuritis. Sussex County literally had more cows than people until the 1960s and it is still mainly rural. Don’t put everyone from NJ in the same liberal bag. We hate that as much as people from the South hate being asked if they married their sister. Guys like me vote, but we are insanely outnumbered. It didn’t help that Chris Christie, our last (Republican) governor, was a failure in every way. The election of Murphy was a backlash to Christie. So yes. There are gun loving good ol’ boys in NJ. We wish that the laws were different and we do our best to change them, but this is where we grew up. This is where our families are. There are a lot of things I like about NJ…

    2. It’s pretty easy to avoid, guys, if you remain low key. Stop making it known you are a gun guy. Don’t talk about guns, Don’t wear gun t-shirts or have an NRA sticker on your truck. (Or any political sticker, for that matter.). Be a member of the NRA, of course, but STFU about it. Don’t open carry! Conceal carry! And don’t print. Keep it hidden. You never know who is going to be a radical libtard. Let your vote do the talking. And remember, you have the constitution on your side.

      1. Walt, as a member of several rights organizations, my days of being quiet and just taking it as our rights get abrogated daily are over. I do carry CC, but I also do speek about our RKBA, and education those that are willing. Until people learn about their rights, and hear the rational opposing view of those of us who believe in our country, our Constitution, and our rights, they will believe whatever the anti-rights groups tell them.

        We cannot sit idly by, that has yet to work, kind of like GFZs.

        I just took another new shooter to the range last week. We had fun, of course. I will be taking another soon. Both are interested in CC. This is part of what we need to do. Another part is contacting our reps on up to the president.

        Silent no more.

        1. THIS IS WHAT HAPPENS IF YOU ELECT A COMMUNIST DEMOCRAT!! …NEVER elect a democrat to ANY government office local,State, Federal they are cancer you must be disarmed for them to finish making America a communist country!

      2. Being low-key is a good way to reduce the gun-owning population, which plays directly into the hands of the antis.

        Like it or not, we are engaged in a culture war regarding firearms. The media is solidly against us, but we can still win if we can convince the people around us, man to man, that firearms ownership is healthy, fun and completely normal. People are most influenced by friends, co-workers, and others who are close to them. It’s important to grow our numbers, and we can’t do that when we are silent.

    3. THIS WHAT HAPPENS WHEN YOU VOTE THESE ASSHOLES IN OFFICE. THEY THINK THEY KNOW MORE ABOUT YOUR LIFE THEN YOU. THEY WANT TO CONTROL YOUR EVERY MOVE. HE’S NOTHING BUT A WHITE OBAMA, AND YOU SEE WHAT OBAMA DID TO THIS COUNTRY.

    4. AH, if this guy is a lawyer then please you can have him. His arguments take snippets out of the document and then make some wild assumptions. I suggest he tries his hand at writing crime novels.
      If any of you people who seem to value your guns over your fellow man went to the legislation you would see the dictates for determing whether one is subject to a firearm restriction order is predicated upon several factors and following quite a few administrative rules. Plus this is only valid for ONE YEAR.

      Read below from the bill

      1. For the purposes of this act:

      “Firearm seizure warrant” shall mean a court order regarding a person who is subject to a gun violence restraining order and who is known to own or possess one or more firearms, that directs a law enforcement officer to seize any firearms in the possession of the person and to bring the unloaded firearm before the judge.

      “Gun violence restraining order” shall mean a court order prohibiting a person from purchasing, owning, possessing, or controlling a firearm for a period of up to one year.

      2. Any person may submit an application to the court setting forth the facts and circumstances necessitating the issuance of a gun violence restraining order. The Administrative Office of the Courts shall prescribe the manner and form of the application.

      a. A gun violence restraining order shall be issued to prohibit a person from possessing a firearm if an affidavit, signed by the applicant under oath, and any additional information provided to the court demonstrates, to the satisfaction of the court, that the person poses a significant risk of personal injury to himself or others by possessing a firearm.

      b. In determining whether a gun violence restraining order should be issued, the judge may examine, under oath, the person seeking the order and any witnesses the person produces.

      (1) In determining whether grounds for a gun violence restraining order exist, the judge shall consider all of the following:

      (a) a recent threat or act of violence by the person

      directed toward others;

      (b) a recent threat or act of violence by the person

      directed toward himself;

      (c) a recent violation of a restraining order; and

      (d) a conviction for a weapons offense under the provisions of chapter 39 of Title 2C of the New Jersey Statutes.

      (2) In determining whether grounds for a gun violence restraining order exist, the judge may consider any of the following:

      (a) the reckless use, display, or brandishing of a firearm by the person;

      (b) the history of use, attempted use, or threatened use of physical force by the person against other persons;

      (c) any prior arrest of the person for a crime or offense;

      (d) any history of a violation by the person of a restraining order;

      (e) evidence of recent or ongoing abuse of controlled substances or alcohol by the person; or

      (f) evidence of recent acquisition of firearms or other deadly weapons.

      (3) The affidavit shall set forth the facts establishing the grounds of the application, or probable cause for believing that they exist. In lieu of the required written affidavit, the judge may take an oral statement under oath.

      c. If the judge is satisfied of the existence of the grounds of the application, or that there is probable cause to believe their existence, the judge shall issue a gun violence restraining order.

      d. A gun violence restraining order shall include:

      (1) a statement of the grounds asserted for the order;

      (2) the date and time the order expires;

      (3) the address of the Superior Court for the county in which the restrained party resides; and

      (4) a statement to the restrained person stating: the time and date that the order expires; that the person may not own, possess, purchase, or receive, or attempt to purchase or receive a firearm while this order is in effect; that the person is entitled to submit one written request for a hearing at any time during the effective period of the order for an order permitting the person to own, possess, purchase, or receive a firearm; that the person may seek the advice of an attorney as to any matter connected with the order; and that the attorney should be consulted promptly so that the attorney may assist the person in any matter connected with the order.

      PS. Seems you guys don’t like to read too much but are guided simply by faulty logic and scary pics.

    5. I thought that you had a right to confront your accuser? This seems to me to be unconstitutional. Any judge in his right mind would throw this out of court as being unconstitutional.

    6. I remember back when this @$$wipe was elected it was said by N.J. citizens that if the people of the southern part of N.J. would have shown up and voted it would have been a different story. You reap what you sew.

      1. If you move remember why you moved in the first place do not bring your liberal bullshit politics it didn’t work on your east coast panacea it doesn’t work in the south .

    7. New Jersey is looking to be a lost cause. The communists have taken over everything based on just the population of North Jersey. If everyone in the southern part of the state would turn out and start voting against these people then there might be a small chance, but I doubt it and what can you do once this LIBTARD signs all these bills into law, if there aren’t the votes to reverse them a new republican governor is only going to be able to meet the status quo. I am a former NJ resident, and it was always bad but now it is almost going to be non-reversable once he gets rolling. And now we have the rest of the politicians who are supposed to support the 2nd turning on gun owners as well on a national level.

      1. and you ‘ve got the Obama clone mayor lurking. That cruller, better check his background. Makes the southern district court of N Y look passive. Goes to show you what happens when property values go down. No respect at all.

    8. Communist have replaced the Democratic party why is it so hard for these voters to see these folks have one agenda and it doesnt include you,try to in act laws that defy the constitution and further restrict more of your freedoms,…..WAKE UP NEW JERSEY

    9. Its going to get worse… Im sure posting on a pro-firearm board will be enough to question your character and your firearms will be confiscated

    10. You have been voting in these retards for years, and some of you fled to the PA or the south after realizing the Peoples Republic of New Jersey is unfit to live in but you did not learn your lessons and are electing the same types of losers made made the PRNJ unfit to live in. Get to the polls and starting voting for Americans instead of communist/socialist/dems.

    11. As an Atheist, I still thank God that in my state, Virginia, we still have a pro-rights majority in our legislature, even after losing the governorship and many seats in the house and senate to anti-rights politicians in last year’s elections. We also have a strong firearm rights group, of which I am an active member, that fights for our rights, the VCDL. It has been very effective in fighting against bad legislation and good bills passed, even when McAuliffe (D), the last governor was in office. Our president, Philip van Cleave deserves the credit for making this organization as strong as it is.

      I do feel badly for those citizens that live in anti-rights states, such as New Jersey.

      1. Many of us in NJ have been voting against these fools for years. The problem is that we are vastly outnumbered by the sixth borough of NYC, i.e., North Jersey.

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