NEW JERSEY COURT RECOGNIZES SECOND AMENDMENT AND HOLDS THAT IT TRUMPS GUN FORFEITURE LAW
| 03/19/07 | Evan Nappen, Attorney at Law
A New Jersey Superior Court has recognized the Second Amendment of the U.S. Constitution and held that a citizen’s Constitutional Right to Keep and Bear Arms cannot be involuntarily waived under a New Jersey firearms forfeiture law.
“The recognition of Second Amendment rights in New Jersey is long overdue,” said attorney Evan F. Nappen, whose law firm (including Richard V. Gilbert, Esq. and Louis P. Nappen, Esq.) represented appellant Dennis W. Peterson in the Warren County case. “In this appeal, the Second Amendment was applied to New Jersey via the Constitutional doctrine of fundamental fairness, overcoming a significant legal hurdle needed for the Federal Bill of Rights to apply to the State.”
This decision coincides with the recent Parker v. District of Columbia case, in which the U.S. Court of Appeals for the District of Columbia struck down a decades-old handgun ban in Washington, D.C. on the ground that it violates the Second Amendment.
“The legal significance of the Second Amendment is finally being recognized by American courts,” Nappen continued, “and this New Jersey case is part of a growing trend in American jurisprudence.”
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Hmmmm, we've had two positive 2nd Amendment acknowledgements in the last 2 weeks. The Brady Bunch will go nuts now, I hope.