Photo of Supreme Court Front Steps / Photo by Mr. Kjetil Ree via (https://creativecommons.org/licenses/by-sa/3.0/deed.en) Wikimedia Commons

P.Z. v. New Jersey is a major court case in that centers around Red Flag laws that may soon be getting its day in the Supreme Court.

This case originated several years ago when the plaintiff was issued a temporary restraining order and had his guns confiscated. The plaintiff has since had the restraining order dismissed but the state of New Jersey has refused to return his firearms to him. The plaintiff now says that the state “forever bars him from again possessing firearms.”

Attorney Evan Nappen laid out in his petition for certiorari that the state’s gun control scheme violated not only the 2A rights of the plaintiff but due process protections as well. Nappen would also argue that the state has numerous other statutes that violate constitutionally protected rights.

New Jersians’ hope lies with this Court to clarify that nebulous disqualifiers such as “public health, safety or welfare” and Due Process-challenged prohibitors (such as once having a firearm taken and not returned) do not constitute “reasonable limitations” upon the Second Amendment right to possess arms at one’s home.

N.J.S.A. § 2C:58-3c’s restrictions upon individual exercise of the right to keep firearms date back to 1966 and are wildly, wrongfully discretionary. N.J.S.A. § 2C:58-3c begins by allowing New Jersey Government authorities to deny Second Amendment rights if a person is not a “person of good character and good repute in the community in which he lives” (whatever that subjective and undefined standard means).

Chances are this case will get ignored by the court. 2A cases are rarely ever get a shot in the court but recently the court has picked up one 2A case so it is entirely possible that they will look into this one.

Subscribe
Notify of
guest
0 Comments
Inline Feedbacks
View all comments

You may also like