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NJ Attorney General’s Office Concedes that NJ’s Stun Gun Ban is Unconstitutional

11/10/2016

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In a brief dated November 7, 2016, submitted in the Appellate case of State v. Lambert, the Office of the Attorney General concedes that New Jersey’s Stun Gun Ban is unconstitutional, stating:

"[T]he State agrees with defendant that New Jersey’s stun-gun statute, N.J.S.A. 2C:39-3h, is unconstitutional in light of 
Caetano v. Massachusetts, 136 S.Ct. 1027 (2016), and defendant’s conviction under that statute should be vacated in the interests of justice." (See document.)

This position was in response to a brief filed on behalf of Appellant Lambert by Joshua Sanders, Esq., of the New Jersey Office of the Public Defender Appellate Division. (See document.)


In this case, Lambert was charged in 2009 with possession of a stun gun in violation of N.J.S. 2C:39-3h, as well as other non-weapons charges. 
 

Although the appellant did not raise this constitutional issue in his original 2015 plea, the Attorney General confirms in its brief:

"[T]he State agrees with defendant’s reading of United States Supreme Court precedent. To briefly recap Second-Amendment jurisprudence, the United States Supreme Court held that “the Second Amendment extends, prima facie, to all instruments that constitute bearable arms, even those that were not in existence at the time of the founding,” District of Columbia v. Heller, 554 U.S. 570, 582 (2008), and that this “Second Amendment right is fully applicable to the States[.]” McDonald v. Chicago, 561 U.S. 742, 750 (2010)."

The AG further recognizes: 


"The State is unaware of any legitimate basis to distinguish New Jersey’s stun-gun statute from Massachusetts’ statute. The New Jersey stun-gun statute, like the Massachusetts statute, criminalizes mere possession of a stun gun….. Since both statutes criminalize mere possession of a stun gun, for the reasons outlined in Caetano, New Jersey’s stun-gun statute, like Massachusetts’s statute, violates the Second Amendment."

Evan F. Nappen, Esq., whose practice focuses on firearm and weapons law, stated in response to this recent development, “This is going to help a lot of people, including those who are looking for a reliable, non-lethal form of defense.” Additionally, Nappen confirmed that he presently has a number of cases in which this will be of help.
  
 
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    Welcome to our law firm blog. At Evan F. Nappen Attorney At Law PC, we are dedicated to protecting our clients' rights.

    The Firm's focus is on criminal defense with a concentration in the area of firearms, knives and weapons.  However, the Firm is proud to provide a full range of criminal defense services for all crimes and in all courts.
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    We also provide professional services for Hunting & Fishing Violations, Domestic Violence, Firearm licensing, Expungements (clearing your record), Firearm and Property Seizures, and Forfeitures.

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  • Gun Law Books
  • Contact
  • About
  • Reviews
  • Expungements
  • Permit to Carry Handgun Granted
  • Book Update - Marijuana & Guns
  • Guns Taken and Not Returned? Now Go to Prison.
  • Roosevelt Twyne Case Dismissed!
  • Supreme Court to Hear Nappen Law Firm’s Legal Challenge to New Jersey Carry Permit Law
  • Declaratory Judgment Sought in NJ’s Carry Permit Scheme, Violates Full Faith & Credit
  • Book Update - Large Capacity Magazines
  • Knock! Knock! Show Us Your Glock
  • Cop Murphy Mag Fix Fail
  • Book Update - Bump Stocks & Trigger Cranks
  • Book Update - Stun Guns
  • Book Update - "Red Flag" Law
  • Book Update - Gun Forfeiture
  • Book Update - Sale of Firearms
  • Book Update - AP Ammuntion
  • Possible Defense for Possessing a Shockwave
  • Is the Mossberg “590® Shockwave” Legal in New Jersey?
  • 101 Reasons to Own an "Assault Weapon"
  • Nappen News Blog
  • Jersey City Man Granted Suppression of All Evidence Obtained Due To Officers’ Unlawful Entry of His Home