Thursday, January 27, 2011

New Jersey Attorney General responds to Right to Carry Lawsuit

Excerpt:

New Jersey’s carefully conceived and long-standing regulatory scheme is rooted in an appreciation that a permit to carry may not afford any measure of self-protection to a particular applicant and would instead increase the risk of the applicant being involved in "the known and serious dangers of misuse and accidental use.” When a handgun is carried in public, the serious risks and dangers of misuse and accidental use are borne by the public.

New Jersey has not merely a significant interest but a compelling interest in combating handgun violence and combating the dangers and risks associated with the accidental and misuse of handguns, which are inherent in carrying a handgun. It also has a compelling interest in reducing the use of handguns in crimes. A government’s foremost function is to ensure the safety of all of its citizenry. When handguns are permitted to be carried beyond one’s home, the dangers and risks necessarily increase and are borne by the public.

Generally speaking, one cannot know whether crime against an individual will occur at all, much less know when, where, or how. Neither then can one know whether a handgun would provide an effective measure of self-defense and be safe to use as to other victims or bystanders. Further, the "need” for a handgun for self-defense outside of the home does not stand alone. The carrying of a handgun inherently comes with the dangers and risks of its misuse or accidental use. These dangers and risks are borne by everyone with whom the person encounters. 

When you stop laughing, you can read the whole text at the ANJRPC website.

A couple of notes from me:

  • New Jersey's gun laws are anything but carefully conceived - they are a hodge-podge of local regulations that have no cohesion whatsoever.
  • The argument that a permit to carry may not afford any measure of self-protection is ludicrous - of COURSE it affords a measure of self-protection - certainly a level above bare fists and rocks.
  • The third paragraph is a rather long winded attempt to say that guns are much more dangerous once they leave the home. Apparently the magical force field that keeps my loaded handgun that I keep in my holster or next to my bed from discharging disappears at the threshold of my front door.
  • Finally, I would like to take some poetic license with the sentence 'The carrying of a handgun inherently comes with the dangers and risks of its misuse or accidental use' and change it to 'The carrying of a handgun exponentially increases the danger and risks to an assailant who attempts to perpetrate crime on an innocent citizen who has a CCW.'

No comments:

Post a Comment