This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
For those with more than one conviction, the court may restore firearms rights two years after completion of sentence for most felonies, or after 10 years for a serious felony (such as murder or sexual assault). For a person convicted of a “dangerous felony” firearms rights may only be restored by pardon.
There have been two landmark Supreme Court rulings on the Second Amendment in recent years: District of Columbia v. Heller and McDonald v. City of Chicago.
In 2008, in District of Columbia v. Heller, the Supreme Court held that the Second Amendment protects an individual right to possess firearms for certain purposes, including at least self-defense in the home. Two years later, in McDonald v.
McDonald v. City of Chicago centered around a challenge to the city's strict gun control laws, which banned possessing them within city limits. Otis McDonald, a 76-year-old retired maintenance engineer, filed suit against the city, arguing that the regulations violated his Second Amendment rights.
The Supreme Court considered whether certain provisions in the District of Columbia's gun laws which essentially seek to ban private possession of handguns by prohibiting registration of pistols, carrying of pistols, and requiring pistols be kept disassembled and trigger-locked, violated the Second Amendment rights of ...
§ 922(g)(1), which prohibits the possession of a firearm by a person convicted of “a crime punishable by imprisonment for a term exceeding one year,” violates the Second Amendment (at least as applied to certain nonviolent offenders).
This change to the State Constitution provides that the people of New Jersey have a State right to keep and bear firearms. The Second Amendment to the United States Constitution provides a federal right to keep and bear arms.
As Justice Scalia pointed out in Heller, a militia is, therefore, a "subset of 'the people. '" This, he argued, creates a strong presumption that the Second Amendment right is an individual one that belongs to all Americans rather than a right only for those who serve in a militia.
The Heller test looks at what arms are “in common use” today, not in the past. If semiautomatic rifles and handguns that accept detachable magazines are in common use today, they are protected. Their ubiquity, and their being “in common use,” confirms their protected status under the Second Amendment.