Today the Consent Order in New Jersey was entered. It is attached here for you to read. The Court finds:
1. The Second Amendment guarantees individuals a fundamental right to keep and bear arms for self-defense District of Columbia v. Heller, 554 U.S. 570 (2008); McDonald v. Chicago, 561 U.S. 742 (2010); Caetano v. Massachusetts, 577 U.S. __(2016). Further, 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. Heller, 554 U.S. at 582; Caetano, slip op. at 1 (per curiam).
2. Pursuant to the holdings in Heller, McDonald and Caetano, N.J. Stat. Ann. § 2C:39-3(h), to the extent this statute outright prohibits, under criminal penalty, individuals from possessing electronic arms, is declared unconstitutional that it violates the Second Amendment to the United States Constitution and shall not be enforced.
7th Circuit's Moore decision was referenced in the findings.
Edited by Gamma, 25 April 2017 - 09:54 PM.