Recent Posts

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21
Ask the Lawyers / Re: Tasers and Stun Guns in NJ
« Last post by fakwak1987 on December 25, 2017, 06:28:54 AM »
Please review the email sent to me from the NJ Attorney Generals Office regarding the Stun Guns.

Your correspondence to Attorney General Porrino concerning stun guns has been referred to me for reply.

 

As of October 22, 2017, in accordance with a Consent Order entered in the United States District Court, prior statutory prohibitions against selling or possessing stun guns in New Jersey have been declared unconstitutional.  By virtue of this ruling, New Jersey is now on similar footing as 39 other states that allow stun guns with limited or no restrictions so, unless there is a change to the law, no permit or license will be required to obtain or possess a stun gun.  However, the State Police have proposed a rule, expected to be adopted in December, prohibiting minors under the age of 18 from obtaining or possessing stun guns. Law enforcement has been directed to adhere to this rule, pending adoption and thereafter.   In addition to the proposed regulations, current statutory provisions that establish restrictions on stun guns remain in force and effect, including laws that prohibit felons and incompetent persons from possessing stun guns, possession on school grounds, possession for an unlawful purpose, and possession under circumstances not manifestly appropriate for such lawful uses as a stun gun may have.

 

Thank you for taking the time to write.

 

Sincerely,

 

 

Jeffrey E. Lenox

Director

Citizens Services and Relations

Office of the Attorney General

25 Market Street P.O. Box 080

Trenton, NJ 08625-0080

(609) 984-5828

www.facebook.com/NJAttorneyGeneralsOffice

www.twitter.com/NewJerseyAG

www.instagram.com/njattorneygeneralsoffice
22
General Firearms Law Discussion / Re: Post-Ban, Current-Ban, What can we legally do?
« Last post by Neighbor on December 24, 2017, 07:22:57 PM »
Might put this question in the "ask the Lawyers" section for a legal answer. Oops - I see you have already. Sorry
23
Might put this question on the "Ask the Lawyers" part of this forum for an official answer. I am not a lawyer, but as I understand the law, a person with a LTC is legal to have a weapon on school property as long as it is not in a building or where school activities are being held. I don't see a problem with how you have been handling the situation.
24
Ask the Lawyers / Hand cuffing a robber and warning signs. State of PA,
« Last post by Aludy on December 23, 2017, 02:32:04 PM »
Hello if we get robbed and can stop the robber with out deadly force, Can he/she be hand cuffed by the home owner until the police arrive? And is having signs up like never mind the dog beware of owner with a gun showing a bad idea? Thanks Al
25
General Firearms Law Discussion / Question About Courthouses & Paxton's Opinion
« Last post by OldGuyWithGuns on December 21, 2017, 08:32:25 PM »
A number of county seats are posting the entire building as 30.06/30.07 because there is a courtroom somewhere in the building.  These buildings also contain almost all of the other county offices, such as the tax assessor.

The latest posting I could find on this topic was Jan 2016 and it discussed AG Paxton's opinion that this was not the intent of the law. 

Is there anything more current, say from this year?  Has any of this moved through the courts.

Thanks...OGwG
26
Ask the Lawyers / Storing Handgun in Locked Personal Vehicle in Company Parking Lot
« Last post by LiamSTX on December 21, 2017, 01:16:31 AM »
Ive Been an LTC holder for almost 6 years. Last night I had a terrifying experience after work where I was a whitness to an armed robbery on my way home.  I questioned my employer today on company policy about keeping a handgun locked up in my personal vehicle. I showed copies of the Texas Chapter 52  Subchapter G Labor Code. They stated that it isnt allowed. I only work at a retail store no post office or refinery or school. Can they really tell me I cant keep a locked up firearm in my locked up personal vehicle?
27
Please forgive me as this question/scenario has probably been brought up.

I am a superintendent for a general contractor whose projects are primarily for Texas school districts. I have read several posts regarding vehicle carry on school property. I do not ever carry inside school/admin buildings. I would prefer to carry on my person to the district property and prior to exiting the vehicle  lock the handgun in a gun safe permanently affixed to the rear floor board of my truck. Basically I wouldn't open the truck door until the handgun is safely secured.

For the record is it legal for a person with a LTC to have a gun in his/her vehicle secured and out of sight on Texas school district property while there is students on site either in class or attending some extracurricular activity?
28
Ask the Lawyers / Re: Private Sale
« Last post by TexasLawShield on December 20, 2017, 05:11:54 PM »
AoV777,

There’s no reason to fear engaging in a private firearm transaction with another Texas resident, as long as you are careful. In Texas, a private sale is perfectly legal with no documentation as long as you meet the following requirements:

1.   Both of you are Texas residents;
2.   You do not know or have reasonable cause to believe that the purchaser is prohibited from possessing or receiving firearms under state or federal law; AND
3.   You do not know the buyer intends to use the firearm to commit an unlawful act.

The letter you required this man to sign likely holds no legal effect, except as evidence that you had no knowledge. If a buyer isn’t eligible to possess firearms and a prosecutor charges you with a crime, that prosecutor must prove that you knew or had cause to believe that the purchaser was not eligible to possess or receive firearms  in order to convict you of that crime. Under TPC 6.03(b), a person acts with knowledge when he is aware of the nature of his conduct or that the circumstances exist. This means that even if you slip up and sell to the wrong person, if you took measures to ensure you were doing everything right, it will be difficult for a prosecutor to succeed in a case against you.

Though the nothing is formally required, here are some tips for engaging in private sales:

   Ask for identification to ensure the other party is a Texas resident.
   Execute a “bill of sale” for the transfer and keep a copy (if you call TLS prior to these transactions, an independent program attorney will be happy to send you a form you can use)
   Ask if there is any reason why the buyer cannot own a firearm

If ever you find yourself uncertain or nervous about a private sale, you can always have an FFL facilitate the transaction. That way, you ensure you’re participating in a lawful transaction.

29
Ask the Lawyers / 1994 Weapon ban question
« Last post by TinCuda on December 18, 2017, 08:56:47 PM »
Live in Texas.

If you have a lower receiver that was made and purchased during the Public Safety and Recreational Firearms Use Protection Act, also known as the 1994 Federal Assault Weapons Ban, do you still have to follow it?  I realize that the law expired in 2004 and was not renewed.  If your firearm was subject to the law from 1994 to 2004, is it still subject to it now?  Could a person legally install previously banned features on that firearm now?  Could someone point me to documentation for, against, or otherwise?

I have asked in other places and have gotten mixed answers.  Some folks that I asked said if it was manufactured during the ban, it would always be subject to the ban.  Other folks claim that since the ban expired, even if it was manufactured during the ban, it no longer applies.  What it the actual legal answer?

Thanks.
30
General Firearms Law Discussion / Post-Ban, Current-Ban, What can we legally do?
« Last post by TinCuda on December 18, 2017, 08:49:08 PM »
Live in Texas.

If you have a lower receiver that was made and purchased during the Public Safety and Recreational Firearms Use Protection Act, also known as the 1994 Federal Assault Weapons Ban, do you still have to follow it?  I realize that the law expired in 2004 and was not renewed.  If your firearm was subject to the law from 1994 to 2004, is it still subject to it now?  Could a person legally install previously banned features on that firearm now?  Could someone point me to documentation for, against, or otherwise?

I have asked in other places and have gotten mixed answers.  Some folks that I asked said if it was manufactured during the ban, it would always be subject to the ban.  Other folks claim that since the ban expired, it no longer applies.  What it the actual legal answer?

Thanks.
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