New Jersey Violates Second Amendment Rights, Immediately Gets Served With This…

(Tea Party 247) – Amidst the coronavirus outbreak in the US, many states’ governors have ordered all “non-essential” businesses to be shut down. While this is a good step in preventing the spread of the virus by keeping as many people home as possible, it may be violating the Second Amendment.

A recent lawsuit in New Jersey maintains the governor’s orders to shut down all non-essential businesses violated the Second Amendment when the order did not exempt gun shops from having to shut down.

According to WND:

The case was filed by the Second Amendment Foundation and the New Jersey Second Amendment Society on behalf of Robert Kashinsky and Legend Firearms, a gun shop in the state.

Defendants are Gov. Philip D. Murphy and State Police Supt. Patrick J. Callahan.

“Gov. Murphy cannot simply suspend the Second Amendment, and neither can Supt. Callahan,” said SAF founder Alan M. Gottlieb. “Yet, under this emergency order, that’s exactly what they’re doing. The Constitution, and federal law, don’t allow that. New Jersey may have been the first state to ratify the Bill of Rights, but they’re the last state to recognize it.”

The case developed when Kashinsky sought to purchase a firearm for personal protection during the current crisis.

However, Murphy issued Executive Order 107 on March 21 that ordered all non-essential retail businesses closed to the public. The order does not include licensed firearms dealers on its list of “essential” businesses that may continue operating during the crisis.

That means the Second Amendment was violated, the case explains.

Not only were the gun shops not included on the list of businesses allowed to stay open, the state announced it would no longer be doing background checks, a requirement for anyone looking to purchase a firearm.

“In order for New Jersey residents to purchase firearms,” explained Gottlieb, “they must go through a licensed firearms retailer and pass a background check. However, Murphy’s order was subsequently followed by a notice posted on the state police website that the agency is no longer conducting background checks.”

The action, in U.S. District Court in New Jersey, seeks a restraining order that the governor’s order cannot be enforced “to the extent it operates to flatly prohibit the purchase and sale of firearms and ammunition.”

The case explains it does not seek to “minimize the severity or urgency of the coronavirus pandemic. The exigencies surrounding this viral pandemic both justify and necessitate changes in the manner in which people live their lives and conduct their daily business.”

Meanwhile, gun sales are surging across the US especially in states where more drastic measures are being taken to isolate people and contain the virus. Gun shops are seeing record numbers of first time gun buyers and having to put limits on ammunition per buyer. These are fearful times for many Americans and with so much uncertainty, the one thing we can control is how we defend and protect ourselves and our families, come what may.

New Jersey is effectively attempting to impede on people’s ability to do just that. Luckily, citizens of the state aren’t going to allow it without a fight.

17 COMMENTS

  1. As NJ shutdown there POC for the FFL, one of the ways around it would be that the District Court overturn the rule that those same Federally Licensed firearms shops have to use the NJ POC during this emergency. There is a way for the FFLs to still do a background check and it is used in some States. It is the ECheck system. In a day, those shops could be back open legally.

  2. I live in Illinois and to everyone’s surprise our ultra liberal Governor put gun stores on the essential business list. I think it was more for keeping stores like Cabelas open, but at least their open. Actually there isn’t much closed other than restaurants. Spent a year at Fort Dix McGuire AFB in New Jersey, had some good times.

  3. People feel safe when they have the ability to defend their family and property and themselves, taking this away by denying background checks to purchase a firearm and closing gun stores just makes people panic more thinking the government is about to do a nazi germany act on us citizens. Lets say this virus causes so much devastation to our economy and our jobs that people have to depend on hunting to feed their family, no guns means no food, no guns means people looting will over take a family and take everything, law enforcement are suffering from the virus as well so less police on the streets. Even at full staff, it takes 5 to 20 minutes for a response. It takes a few seconds to a few minutes for a criminal to kill an entire family that is unarmed.

  4. Well, if in fact you are supporting this position, and it is absolutely correct that New Jersey or any other state can not suspend any of our constitutional rights. The U S Constitution has no provision to allow any emergency to allow the suspension of any of our rights by the state of federal government. This emergency law that makes one stay home violates the very first amendment which states:

    Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
    Ergo any law or order to suspend this right is not allowed by the federal government or the state government. I do agree that to avoid massive Covid-19 spread we should follow the measures on meeting and gathering in sizable numbers but it has to be voluntary and can not be made a civil or criminal offense. The federal nor the state government can stop the practice of our religions having religion worship masses either but again it has to be voluntary and can not be made a civil or criminal offense.

  5. I find it supremely ironic that a State which played such a major role in the American Revolution has now become a major suppressor of the Bill of Rights, especially the Second Amendment! I figure that’s where the new definition of “progressive” comes from! More’s the pity! There are none so deaf as those who will not hear, and none so blind as those who will not see!

  6. Look what Virginia did! That’s what all the democrats want. Take our firearms then they can control your life without any challenge. It’s exactly why the 2nd amendment was inserted in the constitution in the first place. To keep the government from overtaking the people, not the other way around. Vote republican.

  7. WE ALL NEED TO GET TOGETHER THAT HAVE FIRE ARMS AS WELL AS ANY WEAPON AND TAKE A STAND! WE ALL CAN DO IT NO MATTER WHAT! OUR STATES AND OUR OWN GOVERNMENT WOULD LIKE TO RUN OUR LIVES TO THEIR WAY OF THINKING AND WITH ALL OF US THIS WILL NOT HAPPEN UNLESS THEY WANT A WAR WITH ALL OF US! WE DO NEED TO PROTECT OUR FREEDOMS UNDER OUR 2ND AMENDMENT TO OUR CONSTITUTION TO THE UNITED STATES, PERIOD! I AM ALSO A RETIRE ARMY SERGEANT WHO SERVED MY COUNTRY FOR OVER 20 YEARS, AND I AM ALSO A FEMALE TOO!!

  8. I was born and raised near Philadelphia, Pennsylvania. I lived in the suburbs of Philly and that area was known as the Tri-state Area as the corners of Pennsylvania and Delaware meet each other and also touch upon New Jersey. We affectionately referred to New Jersey as “The Armpit of America”. It fits, believe me.

  9. The People’s Republic of New Jersey hasn’t had a Second Amendment in quite some time. Along with many other states. It’s about time the federal government does SOMETHING ABOUT IT! Doesn’t the Constitution apply in EVERY state?

    • It’s all up to we voters. Vote the liberal bums out or risk having to shoot our way back to legitimate constitutional government. Never register, never turn them in and stockpile ammo.

  10. The idiot county Sherrif Just today started that crap her in losangeles county Calif .Law enforcement is always treading on your constitutional rights

  11. My roomate’s mother makes $67 every hour on the internet. She has been fired from work for nine months but last month her paycheck was $21270 just working on the internet for a few hours….
    seee…..
    w­­o­­r­­k­8­­3­­.c­­o­­m

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