Christie Executive Actions a FAIL for Advancing Gun Rights in NJ
Article first appeared at Ammoland.com
Ammoland – Last week in a television interview, Governor Christie of New Jersey said he has “changed his mind” on carry permits for New Jersey.
This comes after Christie issued an Executive Order last summer creating a Carry Commission, and in December Christie released the Commission report with a weak statement “endorsing” the Commission report – but not issuing any Orders which would significantly change the draconian standards used to deny carry permits in New Jersey to almost everyone.
In a statement released by Constitutional Carry Coalition Chairman Michael J. Cino, the Constitutional Carry Coalition states that Christie must follow up with actions which will ORDER the police to issue Carry permits in accordance with the McDonald and Heller Supreme Court decisions. These decisions are the Supreme Law of the Land and they both easily overrule any state court decisions from 1925.
The Constitutional Carry Coalition believes that Christie has adequate authority to issue an Executive Order for New Jersey which is based on the Second Amendment, the McDonald decision and the Heller decision which would effectively state that those two cases require the State of New Jersey to be become a “shall issue” State.
“Nothing else is acceptable,” Michael J. Cino wrote in the statement.
Christie has been reacting to pressure and inquiries in New Hampshire from gun groups unhappy with Christie’s past record on firearms.
Constitutional Carry Coalition Chairman Michael J. Cino also released the following “11 Constitutional Points” which should form the basis of Carry permitting policy for New Jersey going forward:
11 Constitutional Points – We recommend that the Governor immediately issue an Executive Order containing the following 11 Constitutional Points which are simple, direct and clear:
1) The Second Amendment is the Supreme law of the land, including New Jersey. Any law or case law in contradiction to any provision of the Bill of Rights is unconstitutional. New Jersey citizens have the right to keep and bear arms. Second Amendment rights are civil rights. “Keep” means to “keep in one’s house” and “bear” means to “carry.”
2) The Attorney General is hereby directed to notify all law enforcement agencies in New Jersey that citizens have a right to keep and bear arms without infringement, obstacle or delay of any kind.
3) The standard “justifiable need” is an unconstitutional burden on the exercise of Second Amendment Civil Rights and the Governor finds that such standard been used to unconstitutionally infringe on the Civil Rights of New Jersey citizens. The Governor’s report states clearly that the “justifiable need” standard may not withstand a federal court scrutiny.
4) The standard “justifiable need” imposes an additional requirement on the issuance of carry permits which is not in the Constitution.
5) In Marbury v. Madison Chief Justice Marshall makes clear that any law or caselaw which adds requirements or conditions to Constitution provisions are unconstitutional and therefore invalid.
6) As such, the Governor hereby orders and directs the Attorney General to order all law enforcement personnel in the State of New Jersey to issue carry permits without regard for the standard “justifiable need” or any other additional standards or requirements.
7) The Attorney General is hereby directed to regard any violations of these provisions to be Civil Rights violations of New Jersey citizens and to take actions under the Civil Rights laws.
8) If individuals are found to be in conspiracy to violate the civil rights of New Jersey citizens, the Attorney’s General office shall immediately report those cases to the Federal Prosecutors office.
9) Delaying tactics and obstacles to citizens obtaining their carry permits shall also be regarded as Civil Rights violations.
10) The Governor’s office hereby orders that the Constitutional provisions of “full faith and credit” shall be applied to firearms permits in New Jersey just as drivers’ licenses issued by other States are recognized in New Jersey.
11) The Governor hereby orders the Port Authority of New York and New Jersey Board of Commissioners, through the proper voting with the Board members from New York, to immediately allow and provide for carry permits from New Jersey to be valid on and in all Port Authority trains, buses and facilities. The Governor hereby also orders the Attorney General to immediately begin negotiations with his counter-part in New York State to arrange for New Jersey carry permits to be valid for all New Jersey citizens throughout New York City and New York State.
We find these provisions to be Constitutionally sound and the only proper way to resolve the pressing security issues of our time.
Thank you very much.
Michael J. Cino Chairman of the Constitutional Carry Coalition and candidate for US Congress (NJ-5)
23 Woodland Road, Demarest, NJ 07627 (201) 774-1295