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Posted: 9/22/2015 12:58:46 PM EDT
This is majorly fucked up...




A New Jersey court told a man last week he cannot possess a vintage M1 Carbine handed down from his grandfather as it was an illegal assault weapon.

The case involves Danny Burt, a Cumberland County resident who had his firearm collection impounded by the New Jersey State Police in April 2013 in conjunction with a temporary protective order as reported by NJ.com.

Court documents show that Burt had a total of 21 guns and his firearms identification card picked up by authorities over two years ago.  However, although the restraining order against him was dropped a month later and Burt moved to get the guns back, the courts found “that the M-1 carbine is an illegal weapon and is therefore improper to possess.”

Burt argued the gun, acquired legally in 2006 from his grandfather who served in World War II, had considerable sentimental value to him and, in fact, he didn’t even know if it was in working condition, as he had never shot it.

Nevertheless, prosecutors argued, “the weapon is contraband [which] can never be returned to [Burt].” Further, they moved to keep his entire collection over the M1 and revoke his FID, citing possession of the .30 caliber carbine was a second-degree felony in New Jersey, which would bar him from firearms ownership under the state’s gun laws.

Although the court expressed sympathy for his plight and admitted Burt had no prior criminal history, they noted, “the gun in question is an illegal weapon under current New Jersey law,” giving the court “no alternative” but to grant the prosecutor’s request to forfeit Burt’s guns to the state over the M1.
View Quote


http://www.guns.com/2015/09/22/man-told-cant-have-gramps-m1-as-its-an-assault-firearm/
Link Posted: 9/22/2015 12:59:22 PM EDT
[#1]
People's Republic of New Jersey strikes again.
Link Posted: 9/22/2015 1:00:58 PM EDT
[#2]
Fuck New Jersey.

I don't even want to drive there, much less want to live there.
Link Posted: 9/22/2015 1:01:17 PM EDT
[#3]
If it is legal for NJ to do this it is legal for any state or the federal government to do this. Free country my ass.
Link Posted: 9/22/2015 1:01:42 PM EDT
[#4]
Link Posted: 9/22/2015 1:02:13 PM EDT
[#5]
Put me on that jury.
Link Posted: 9/22/2015 1:02:16 PM EDT
[#6]
Chris Christie for Pres!!!!!!
Link Posted: 9/22/2015 1:03:03 PM EDT
[#7]
That fucking state sucks so much ass.
Link Posted: 9/22/2015 1:03:14 PM EDT
[#8]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
If it is legal for NJ to do this it is legal for any state or the federal government to do this. Free country my ass.
View Quote


This is truth.

Link Posted: 9/22/2015 1:04:58 PM EDT
[#9]
Although the court expressed sympathy for his plight...
View Quote



Yeah, I'm sure they were all torn up about it.


Link Posted: 9/22/2015 1:05:54 PM EDT
[#10]
Link Posted: 9/22/2015 1:05:55 PM EDT
[#11]
So they steal his other 20 guns over one that he hasn't been charged with having.
He should get Christie Kream to help him.
Link Posted: 9/22/2015 1:05:56 PM EDT
[#12]

Discussion ForumsJump to Quoted PostQuote History
Quoted:
Yeah, I'm sure they were all torn up about it.





View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:



Although the court expressed sympathy for his plight...






Yeah, I'm sure they were all torn up about it.









 
Hey, they don't legislate from the bench... Except when they need to.
Link Posted: 9/22/2015 1:06:02 PM EDT
[#13]
But but but, Chrispy Creme assured us he is pro 2a
Link Posted: 9/22/2015 1:06:21 PM EDT
[#14]
Fuck that shit!
Link Posted: 9/22/2015 1:09:10 PM EDT
[#15]
Quoted:
This is majorly fucked up...




A New Jersey court told a man last week he cannot possess a vintage M1 Carbine handed down from his grandfather as it was an illegal assault weapon.

The case involves Danny Burt, a Cumberland County resident who had his firearm collection impounded by the New Jersey State Police in April 2013 in conjunction with a temporary protective order as reported by NJ.com.

Court documents show that Burt had a total of 21 guns and his firearms identification card picked up by authorities over two years ago.  However, although the restraining order against him was dropped a month later and Burt moved to get the guns back, the courts found “that the M-1 carbine is an illegal weapon and is therefore improper to possess.”

Burt argued the gun, acquired legally in 2006 from his grandfather who served in World War II, had considerable sentimental value to him and, in fact, he didn’t even know if it was in working condition, as he had never shot it.

Nevertheless, prosecutors argued, “the weapon is contraband [which] can never be returned to [Burt].” Further, they moved to keep his entire collection over the M1 and revoke his FID, citing possession of the .30 caliber carbine was a second-degree felony in New Jersey, which would bar him from firearms ownership under the state’s gun laws.

Although the court expressed sympathy for his plight and admitted Burt had no prior criminal history, they noted, “the gun in question is an illegal weapon under current New Jersey law,” giving the court “no alternative” but to grant the prosecutor’s request to forfeit Burt’s guns to the state over the M1.
View Quote


http://www.guns.com/2015/09/22/man-told-cant-have-gramps-m1-as-its-an-assault-firearm/
View Quote


No alternative my ass.

The mental gyrations that I have personally witnessed a court jump through, in order to justify bad decisions is proof that they can do any god damn thing they please.

I hope he learned his lesson about supporting democrats.
Link Posted: 9/22/2015 1:10:20 PM EDT
[#16]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Fuck New Jersey.

I don't even want to drive there, much less want to live there.
View Quote


This.  I've been through there once, if I never go there again it'll be too soon.  Communist fucks.
Link Posted: 9/22/2015 1:10:24 PM EDT
[#17]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
But but but, Chrispy Creme assured us he is pro 2a
View Quote


If that dude was smart, he would appeal to Christie.  If Christie were smart, he would take this up as a campaign cred.  

I'm willing to bet it's been brought up and quashed, though.  

I wonder if the court would still give the guy the gun if he offered to move.

Link Posted: 9/22/2015 1:10:24 PM EDT
[#18]
Land of the free and all that
Link Posted: 9/22/2015 1:11:02 PM EDT
[#19]
This would be my killdozer point. Fuck those assholes.
Link Posted: 9/22/2015 1:11:19 PM EDT
[#20]

Discussion ForumsJump to Quoted PostQuote History
Quoted:
Yeah, I'm sure they were all torn up about it.





View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:



Although the court expressed sympathy for his plight...






Yeah, I'm sure they were all torn up about it.







Saying "I'm sorry" while actively ass raping someone tends to looks insincere.



 
Link Posted: 9/22/2015 1:11:23 PM EDT
[#21]


How about KillDozers? Are they illegal?


ETA: 21 #%$&@&$ seconds
Link Posted: 9/22/2015 1:12:23 PM EDT
[#22]
Reason #121354896347 as to why I want to get back out of NJ!

FNJ
FCC
FBHO
Link Posted: 9/22/2015 1:13:33 PM EDT
[#23]
Shithole state is a shithole.
Link Posted: 9/22/2015 1:13:47 PM EDT
[#24]
Governor Fat bastard could fix this, if he wanted to.

But he doesn't because he's an anti-gun, un-american piece of fucking shit.
Link Posted: 9/22/2015 1:14:52 PM EDT
[#25]
This case looks like a good one for the Heller Foundation to me!
Link Posted: 9/22/2015 1:15:09 PM EDT
[#26]
It'll find a nice new home in some cop's gun safe.  
Link Posted: 9/22/2015 1:16:42 PM EDT
[#27]
Quoted:
People's Republic of New Jersey strikes again.
View Quote

The People's Republic Of New Jersey struck in 1990 when they passed the Florio ugly gun ban and the M1 Carbine was on the list.

Danny Burt is an extremely lucky individual if this is all that's going to happen. If they want, they can charge him for it. He'll still lose all the guns plus legal fees, plus a felony conviction that prevents him from voting or ever owning another gun. If he moves to Pennsylvania, he can buy all the guns he wants as long as this is the end of it. The wise strategy here is to STFU before they change their minds.
Link Posted: 9/22/2015 1:16:49 PM EDT
[#28]
Nevermind
Link Posted: 9/22/2015 1:18:52 PM EDT
[#29]
Paging NRA....  

Seems a bit unconstitutional.
Link Posted: 9/22/2015 1:19:21 PM EDT
[#30]
Discussion ForumsJump to Quoted PostQuote History
Quoted:


If that dude was smart, he would appeal to Christie.  If Christie were smart, he would take this up as a campaign cred.  

I'm willing to bet it's been brought up and quashed, though.  

I wonder if the court would still give the guy the gun if he offered to move.

View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
But but but, Chrispy Creme assured us he is pro 2a


If that dude was smart, he would appeal to Christie.  If Christie were smart, he would take this up as a campaign cred.  

I'm willing to bet it's been brought up and quashed, though.  

I wonder if the court would still give the guy the gun if he offered to move.



In CA we had a recent court case that basically says if you can't legally own the gun you can transfer it to an FFL to sell it.
Link Posted: 9/22/2015 1:21:14 PM EDT
[#31]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
People's Republic of New Jersey strikes again.
View Quote

The rats are leaving that shithole and moving to SC. Unfortunately they are bringing their shitty driving and ideas with them
Link Posted: 9/22/2015 1:22:08 PM EDT
[#32]
Unbelievable.
Link Posted: 9/22/2015 1:25:45 PM EDT
[#33]
Fuck New Jersey
Fuck Chris Christie
Fuck the ATF
FUCK OBAMA
FUCK NEW JERSEY


Oh yeah and FUCK NEW JERSEY!!!



I can't wait to get out of this shithole.
Link Posted: 9/22/2015 1:30:22 PM EDT
[#34]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
It'll find a nice new home in some cop's gun safe.  
View Quote


Personal experience?
Link Posted: 9/22/2015 1:33:07 PM EDT
[#35]
Take a lesson from the fundamentalist Christians.

EVERY TIME this happens several thousand protesters should show up at the courthouse to let the judges and politicians know they are wrong.

It also works for the Occupy and BLM protesters, who have the Police and politicians too scared to move against them.

Link Posted: 9/22/2015 1:33:38 PM EDT
[#36]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Paging NRA....  

Seems a bit unconstitutional.
View Quote

By the time they stop stuffing envelopes with insurance offers to help, the gun will have been in the smelter.
Link Posted: 9/22/2015 1:34:03 PM EDT
[#37]
Appellate court opinion here:

http://www.leagle.com/decision/In%20NJCO%2020150915252/STATE,%20IN%20THE%20INTEREST%20OF%20DANNY%20BURT'S%20WEAPONS

Sounds like he stipulated in the trial court that he was in possession of an illegal weapon.  Doesn't sound like a smart move, because once he agreed to that, the court's hands were tied at that point.  It's a shitty law, but it was a pretty straightforward application of the law by the courts.

Link Posted: 9/22/2015 1:34:27 PM EDT
[#38]
Blow up his twitter:



https://twitter.com/ChrisChristie?ref_src=twsrc^google|twcamp^serp|twgr^author
Link Posted: 9/22/2015 1:34:42 PM EDT
[#39]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Take a lesson from the fundamentalist Christians.

EVERY TIME this happens several thousand protesters should show up at the courthouse to let the judges and politicians know they are wrong.

It also works for the Occupy and BLM protesters, who have the Police and politicians too scared to move against them.

View Quote

What, and lose every court case in the last 15 years?
Link Posted: 9/22/2015 1:36:51 PM EDT
[#40]
Discussion ForumsJump to Quoted PostQuote History




"I'm still waiting for one fact from you, one fact about me being anti-gun, give me one. One fact. Got one?"   - Candidate Christie July 25, 2015
Link Posted: 9/22/2015 1:37:23 PM EDT
[#41]
Link Posted: 9/22/2015 1:38:16 PM EDT
[#42]
Link Posted: 9/22/2015 1:38:46 PM EDT
[#43]
So f*cked up.  F*ck NJ, f*ck CC, FBHO.
Link Posted: 9/22/2015 1:39:15 PM EDT
[#44]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
What part of NJ law does it violate?

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The downside to state's righrs, eh?
Link Posted: 9/22/2015 1:39:33 PM EDT
[#45]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
What part of NJ law does it violate?

View Quote



Their AWB ca 1991, the same one that the Klinton ban was modeled on.

I am so glad I left that fucked up place. The only thing good there is the food
Link Posted: 9/22/2015 1:41:43 PM EDT
[#46]
How the fuck does an M1 carbine violate NJs scary looking guns ban?
Link Posted: 9/22/2015 1:41:48 PM EDT
[#47]
Discussion ForumsJump to Quoted PostQuote History
Quoted:

The downside to state's righrs, eh?
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
What part of NJ law does it violate?


The downside to state's righrs, eh?



But states rights don't count when it's a 'right' NOT specifically spelled out in the constitution (ghey marriage)
Link Posted: 9/22/2015 1:42:07 PM EDT
[#48]
Time for a Killdozer.
Link Posted: 9/22/2015 1:42:11 PM EDT
[#49]

Here is the criteria for New Jersey.


http://www.state.nj.us/lps/dcj/agguide/assltf.htm

A semi-automatic firearm should be considered to be "substantially identical," that is, identical in all material respects, to a named assault weapon if it meets the below listed criteria:  

A. semi-automatic rifle that has the ability to accept a detachable magazine and has at least 2 of the following:

1.a folding or telescoping stock;  
2.a pistol grip that protrudes conspicuously beneath the action of the weapon;  
3.a bayonet mount;  
4.a flash suppressor or threaded barrel designed to accommodate a flash suppressor; and  
5.a grenade launcher;  



B. a semi-automatic pistol that has an ability to accept a detachable magazine and has at least 2 of the following:

1.an ammunition magazine that attaches to the pistol outside of the pistol grip;  
2.a threaded barrel capable of accepting a barrel extender, flash suppressor, forward handgrip, or silencer;  
3.a shroud that is attached to, or partially or completely encircles, the barrel and that permits the shooter to hold the firearm with the nontrigger hand without being burned;  
4.manufactured weight of 50 ounces or more when the pistol is unloaded; and  
5.a semi-automatic version of an automatic firearm; and,

C. a semi-automatic shotgun that has at least 2 of the following:  



1.a folding or telescoping stock;  
2.a pistol grip that protrudes conspicuously beneath the action of the weapon;  
3.a fixed magazine capacity in excess of 5 rounds; and  
4.an ability to accept a detachable magazine


Link Posted: 9/22/2015 1:42:25 PM EDT
[#50]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
How the fuck does an M1 carbine violate NJs scary looking guns ban?
View Quote


It's specifically banned by name.

Stupid, yes, but there it is.
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