Entries in U.S. Senator Bob Menendez (1)

Friday
Apr132018

Is it one law for Bob Menendez, another for everyone else?

More evidence that we live in an oligarchy and that the political class gets privileges that the rest of us do not.  Take gun laws, for instance.

If an average person who resides in or visits New Jersey takes "possession" of a rifle, he or she is breaking the law and the police wouldn't hesitate to make an arrest. Here are those laws: 

2C:39-5 Unlawful possession of weapons.

c.Rifles and shotguns. (1) Any person who knowingly has in his possession any rifle or shotgun without having first obtained a firearms purchaser identification card in accordance with the provisions of N.J.S.2C:58-3, is guilty of a crime of the third degree.

2C:58-3  Purchase of firearms. 
b.Firearms purchaser identification card.  No person shall sell, give, transfer, assign or otherwise dispose of nor receive, purchase or otherwise acquire an antique cannon or a rifle or shotgun, other than an antique rifle or shotgun, unless the purchaser, assignee, donee, receiver or holder is licensed as a dealer under this chapter or possesses a valid firearms purchaser identification card, and first exhibits said card to the seller, donor, transferor or assignor, and unless the purchaser, assignee, donee, receiver or holder signs a written certification, on a form prescribed by the superintendent, which shall indicate that he presently complies with the requirements of subsection c. of this section and shall contain his name, address and firearms purchaser identification card number or dealer's registration number.  The said certification shall be retained by the seller, as provided in paragraph (4) of subsection a. of N.J.S.2C:58-2, or, in the case of a person who is not a dealer, it may be filed with the chief of police of the municipality in which he resides or with the superintendent.

The law is very clear, and average folks have been arrested for having only the briefest possession of a rifle.  So when U.S. Senator Bob Menendez staged a press conference in order to do a public relations video about having even tougher gun laws, he should have left the rifle on the table.  But instead, he picked it up to use it as a prop. Whoops... looks like he broke the law.

There is clear case law on this... 

https://casetext.com/case/crossroads-gun-shop-v-edwards 

Plaintiff Raymond Schneider is a licensed gun retailer doing business as "Crossroads Gun Shop" in Pennsauken, New Jersey. On or about November 1, 1985 Schneider began the operation of a pistol target range immediately adjacent to his gun shop. For a fee, plaintiff would allow certain individuals to rent pistols from him and fire them on the range, regardless of whether these customers had valid firearm purchaser permits under N.J.S.A. 2C:58-3a. Subsequently, state police officers visited the premises and advised Schneider that this practice was illegal and should terminate. In response, plaintiff has filed this declaratory judgment action for a construction of the statute and the Attorney General has now made a motion for summary judgment which is presently before the court. 

But check this out.  When Congressional candidate Steve Lonegan attempted to press the matter and file a criminal complaint with police, the local police department was too afraid to accept it.  Do they know better than to piss off an oligarch?

https://www.facebook.com/follow.lonegan/videos/999605093531711/?notif_id=1523571445413865&notif_t=live_video

Stay tuned...