All bets are off...
Guys, let me share some information regarding this case, and remind everyone that this is NEW JERSEY we're talking about, here. You might enjoy this in the flavor of an FAQ about life in the Gulag... uh... Garden State.
Robert Clarke was chared with some flavor of manslaughter/murder and also weapons violations. The circumstances of the event were these:
- Two punks were attempting to break into his shed/garage (detached from the house) in an attempt to steal his quad.
- One of the two punks was already under indictment for burglary in another municipality - not surprisingly the one who got shot and killed.
- Clarke's wife was due home from work at any moment, as she worked locally and was always very punctual.
- Clarke attempted to call 911, but his wife accidentally left the phone off the charging stand, so it was dead when he tried to use it.
- Out of concern for his wife's safety that she might have pulled into the driveway and interrupted the theft in progress (ALWAYS a dangerous thing to do when confronting two thieves), he grabbed his gun and attempted to hold the two punks at bay.
* My personal speculation is that the punk who got shot probably made a snap decision. Rather than face charges in TWO municiaplities, he made a threatening move, such as attempting to rush at the defendant to disarm him, at which point in fear for his life, Clarke shot and killed the burgular/assailant.
Weapons charges? WTF is that all about?!?!?
According to the law in this state, if the act of shooting someone was not "justified", then the firearm was used for an unlawful purpose, meaning that the DA can open the floodgates of every gun violation in the book. Loosely translated, this is becoming nothing more than a witch hunt for political gain by District Attorneys who are all political hacks seeking advancement in their careers by deomizing law abiding citizens, and treating criminals like victims. The underlying premise being used by the DA is that if he can twist the facts any way he can so as to redefine "justification", then he can legally make the case that the gun was "unlawfully used", therefore weapons charges apply, and it becomes a case of murder... not self defense.
What's the big deal about guns in New Jersey?
In the great Garden State, we have no intrinsic 2nd Amendment, which I'll explain below. Because we SUBJECTS in this state live under some of the most repressive gun rights regulations in the country, we must observe the following procedure to obtain permission from the government to buy a handgun or long gun in this state:
- Apply for a Firearms Identification Card. This application requires your name, social security number, a mental health background check, a criminal background check, and two character references.
- Payment of $45 to the NJ State Police investigations bureau to perform the checks. Payment of $15 to the issuing municipality for fingerprinting and photographing for your record.
- Waiting period of on average 6 months for the investigation to be done, and the approval to be made. Don't think for one moment that it doesn't take every bit as long as that, despite the fact that even the regulations mandate that the card be issued within 60 days. There is absolutely no accountability on the part of municipalities, which means that if you get jerked around, there's nobody you can go to.
- Once you have the FID (or as we call it, the "Mommy, Can I Have A Gun?" card, you may apply for future pistol purchase permits. These permits are a document that is required to purchase a handgun, and also serve as a FORM OF GUN REGISTRATION which must be used when any transfer or purchase of a handgun is made. The one concession that many municipalities make is to issue pistol purchase permits at the same time as you apply for the FID card.
- Once you receive your FID and Pistol Purchase Permits, you may then go to an FFL to buy a handgun, and pay another $15 for a duplicate NCIC check to be done at the time of the purchase.
Now, here's what Article 1 of the NJ Constitution says:
All persons are by nature free and independent, and have certain natural and unalienable rights, among which are those of enjoying and defending life and liberty, of acquiring, possessing, and protecting property, and of pursuing and obtaining safety and happiness.
*Emphasis is mine.
Please note that in New Jersey, the words mean nothing. And every day, the words of our Constitution are being attacked by politicians draped in black robes behind the bench to give rights that aren't guaranteed to people who would take away from us the rights that are guaranteed. Go figure.
Here's why we New Jersey residents don't have CCW or RKBA:
First, because it was never decided by the Supreme Court that the 2nd Amendment 'incorporated' to New Jersey. Loosely translated, the concept of marriage, and civil rights, incorporate to the state, but not the right to keep and bear arms. The second reason is that of legislative history. Long ago, during an attempt by a citizen to get a carry permit, the judge decided that self-defense was not a "justifiable cause" for a permit. Therefore we live with that to this day.
Observation: Why don't things change in New Jersey?
Because the liberals, the Mafia and the socio-communists run the government here. Because judges, police chiefs and other "good party officials" are all designated by political appointment, not election. Because good people in this state that believe in freedom don't DO things to ACT on their rights. Because we don't all vote. And even when we do have an election or an issue is turned over to the court, the morals and fundamental principles are so perverted, polluted and corrupted by Trenton "pay for play" political climbing, that they no longer matter. Remember, this is the same state whose supreme court rubber-stamped the Torricelli/Lautenberg bait-and-switch in the interest of "giving the citizens of New Jersey a choice". Yet where were those same justices when the suit to oust McGreevey when he resigned, and have a general election so we could have a choice? Silent as the grave, and when the suit was filed, the action was denied.
Warning: these concepts may be coming to a state near you.
There's a reason why the Sopranos is set in New Jersey.
