Founded 2004      (NJIAT)

Christian & Non-Christian Legal Help in all areas

Moses with two tablets on the East Face of the Supreme Court B
Moses (c. 1300's B.C)-Prophet & Judge of the Israelites-with two tablets on the East Face of the United States Supreme Court building.

Ten Commandments on Front Bronze Doors--Supreme Court Building

Ten Commandments on front bronze doors of the United States Supreme Court building.

Topics covered: 1. Why is it important for Christians to fight legally?, 2. Judges: should they be elected or appointed?, 3. Jury nullification, 4. Warning to parents and high school students about TeenScreen & Common Core, 5. Parental Rights about Vaccinations, Military exemptions and Homeschooling laws, 6. List of Free Law Firms specializing in Religious Freedom & the Constitution, 7. Legal problems handing out tracts, 8. Police encounters and DWI cases, 9. Firearms Legal Issues and list of legal firms, 10. Recommended book on NJ gun laws, 11. NJ Firearms Purchaser ID card, 12. Hallow Point bullets in NJ, 13. Law Enforcement Safty Act 2004--retired peace officers right to carry, 14. Alimony Reform in NJ, 15. Dyfus problems, and 16. Restraining orders out of control.

Legal update: Pennsylvania Schools Told to Lose Speech Limits (12/08/13)

Why is it important for Christians to fight legally?

countries with indefinite detentions

It is important that Christians and concerned citizens to fight for freedom and liberty in the United States and elsewhere--the liberals/humanists and other intolerant religions, who do not believe in freedom of religion or speech, will deny these rights if in power. Martin Luther's (11/10/1483 - 02/18/1546) rejection of faith-works religion and the return to Sola Scriptura, which started the Protestant Reformation, set the stage/foundation for the emergence of a free, humane society--the result in Western Europe and United States was political, civil, and economic freedom.

Remember that a culture is judged on the basis of its laws, which are simply codified beliefs, values and morals (Jer. 6:22-23; Tit. 1:12-13). Pre-Christian Greek and Roman pagan cultures codified anti-Biblical laws supporting child abuse, rape, suicide, incest, murder for entertainment, infanticide, etc. When the Christians starting influencing the culture, the anti-Biblical laws were repealed. Many 21st century Christians are disobeying God when it comes to non-involvement in government (I Tim. 2:1-2; Rom. 13:6, 7; 1 Pet. 2:13-17; James 1:27; Acts 22:25-29; 25:11; Matt. 5:13, 14; 28:19). Dr. Gordon H. Clark stated in his book A Christian View of Men and Things: "...Christian presuppositions justify civil governments of limited rights, whereas humanistic principles imply either anarchy or totalitarianism".

Judges: Should they be Elected or Appointed?

Judge and Prophetess Deborah

Judge and Prophetess Deborah (1,200 -- 1,124 BC; Book of Judges) by Gustave Dore

In Pennsylvania the judges are elected and appointed judges do not outperform elected judges and elected judges are more independent and take on a bigger work load according to a recent study that is contrary to the elitists' propaganda; the elitists want to take away this right in states that have an elected judiciary (it would also hurt African-Americans in areas that they would not have a black judge if they were appointed). Convicted felon George Soros, who has an international Arrest Warrant out for him issued by President Vladimir Putin of Russia on Jan. 24, 2012, has been trying to change the PA law to abolish elected judges for his own personal benefit through front groups such as Pennsylvanians for Modern Courts that is funded by Soros' Open Society Institute according to The New American; see article entitled: George Soros Buying Judges Now?--PDF (Also, See Judges: Should they be Elected or Appointed?)

This is fascism and one element of fascism is elitism. This is why you also have some politicians against the Sheriff's Office because they cannot control the Office (the Sheriff is directly accountable to the people). So should we have an oligarch in Hunterdon County or any other county in this nation? Some Politicians think that they should appoint everyone so they can control everything? Is there any respect for the Constitutional Officers and the U.S. Constitution in this county? See County Police vs. Elected Sheriff--PDF (a separate county police force is very expensive and a duplication of services--the Sheriff's Office is a county law enforcement office and is less expensive. It already exists). See the Local Government Tab and Police/Sportsman Tab for further information on the Sheriff's Office.

Note: Judicial Watch--exposes and fights against corruption in the United States. And a major victory for the United States' citizens: Judge Permanently blocks the NDAA's Provision to Detain Americans Indefintely

Jury Nullification

Citizens Rule Book

 

Yes, juries in a civil or criminal case have the power to judge the facts and the law in a particular case. If a juror believes the law is unjust and unconstutional, the juror can and has the authority to ignore it--in other words, nullify the law. The whole concept of a jury nullification goes back to the Magna Carta (1215)--this limited the corrupt power of the king's courts. This was an important element in our common law. The United States would not even have freedom of press without jury nullification. Do you remember the Zenger trial of 1735? Jury nullification was also practiced in trials of abolitionists, who were prosecuted for helping slaves escape and to drinkers during the Prohibition era. It does not matter what instructions a judge gives to the juries, they still retain the power to apply the law or disregard it in the case. A quote from John Adams (second President of the United States (1735 - 1826), "It is not only of law, but his duty...to find the verdict according to his own best understanding, judgment and conscience, though in direct opposition to the direction of the court." (See the website titled Fully Informed Jury Association and left click the picture "Citizens Rule Book" to order.)

 

 

(See Constitution Tab for further information.)

Warning and Note to Parents & High School Students

Warning to parents about legal drugs

TeenScreen, which is similar to health screening tests like the Youth Risk Behavior Surveillance System (YRBS), is illegal unless the parent gives permission. It would be a violation of the Protection of Pupil Rights Amendment (PPRA), a federal law intended on protecting the rights of parents. The YRBS and TeenScreen is meant to identify suicidal tendencies and social disorders--it has been labeled by the Alliance for Human Research Protection as a "duo-drug promotion scam" that declares "otherwise normal children to be mentally ill." This is why there is an increase in children being medicated with antidepressants depsite FDA warnings about suicidal behavor. Of course, the pharmaceutical companies are making big profits off of drugging your kids.

The Supreme Ruler of the Universe does not give the State authority over our children (Rights of Parents in America per Court Cases, full article in Infowars Magazine June 2013 Issue--PDF), especially when is comes to discipline (using the rod)--see Politics/Voting Tab for information on the State's authority per God. (See the ADHD/No to RitalinTab for further information on the shocking link between psychiatric drugs, suicide, violence and mass murder and the SCP Newsletter, Fall 2011, Volume 36:1 (Do Parents' Rights End at the Schoolhouse Gate?) located at www.scp-inc.org Also, see Secular Psychology and Christian Psychology vs. Biblical Counseling located at http://www.swrb.com/

Common Core is Federal Government takeover of education

And Stop Common Core in Your State (reject "Race to the Top"--dumbing down English & Math standards) & Transforming America's Schools into Authoritarian Instruments of Compliance--obtain a brochure to hand out to parents & teachers titled Common Core: A Scheme to Rewrite Education.

Parental Rights for Vaccinations in each State and Homeschooling Laws

Don't Vaccinate before you educate by Dr. Eisenstein

 

1. National Vaccine Information Center by State

2. Sample Letter to Object Vaccinations for reason of Conscience

3. Military Waiver for vaccination exemption

4. Vaccine Rights --parents,students, schools, military, etc.

5. HSLD (Home School Advocates since 1983)--listing of State Laws

6. Free Vaccine Survival Guide--download e-book on 50 States and use the vaccine exemption

7. YouTube interview with Dr. Mayer Eisenstein & Vaccine Rights Attorney Alan Phillips: What is a Valid Religious Vaccine Waiver?

8. Fired For Vaccine Refusal: Woman To Sue Hospital Over Mandatory Flu Shot (01/31/14)

The websites listed above are very helpful for preventing your children from being vaccinated, especially if there might be a link to autism.

Can a School, Company, Hospital, State, etc. require Mandatory Vaccinations?

Legal note: There is no law in any State requiring people to have mandatory vaccinations. If hospitals, doctors, schools, police, military, etc. are telling you it is mandatory to get vaccinated such as the Flu shot, they are either ignorant or outright lying to you. You have exemptions under the law. (It is unfortunate that doctors can benefit financially from the pharmaceutical companies by prescribing anti-depressants and vaccinations and the pharmaceutical company will even publish an article under the doctors name but written by the pharmaceutical industry.) See Parental Rights for Vaccinations in each State and Homeschooling Laws above.

List of Law Firms that specialize in Religious Freedom

  1. American Center For Law and Justice (ACLJ).Jay Alan Sekulow is Chief Counsel for the ACLJ and Chief Counsel for the European Center for Law and Justice (ECLJ) and is considered one of your top Constitutional law attorneys in the United States. Recommended booklet from the ACLJ for high school students: Students' Rights and the Public Schools.  (It should be noted that an advisor for a Bible Club cannot control the club--in other words, the Equal Access Act prohibits faculty or staff from serving in any role with religious student groups other than as a custodial monitor. The Bible Club does not need the advisors' permission to sponsor speakers or conduct the club the way they want to.)
  2. Alliance Defense Fund (ADF)--they will defend a students' right with the Day of Dialogue in High Schools and other legal issues (see the High School tab tab on students' rights being violated at a well known High School in NJ and how to start a Bible Club and what to do).
  3. Foundation for Individual Rights in Education (FIRE)--college students
  4. Students for Academic Freedom--college students
  5. traillifeusa.com --it is a coalition of parents fighting to keep the Boy Scouts' timeless values (from God) and to oppose open homosexuality in the Boy Scouts.
  6. Foundation For Moral Law--Judge Roy Moore.
  7. Thomas More Law Center
  8. The Rutherford Institute--issues such as free speech, search & seizure, parents rights, etc.
  9. The North American Law Center
  10. Advocates For Faith & Freedom
  11. Canada Family Action Cialition
  12. The Becket Fund--for religious liberty.
  13. Pacific Justice Institute
  14. Judicial Watch—they expose & sue corrupt government officials.
  15. Adask's Law--The Profit of Injustice.
  16. Citizens Commission on Human Rights (CCHR) - Psychiatry (an Industry of Death)—legal options if one has been a victim.
  17. Parental Rights--protecting children by empowering parents.
  18. Speak Now: Girl Scouts--exposes how the current "Girl Scouts" is being infiltrated by organizations that promote the pro-lesbian and pro-abortion agenda.
    www.speaknowgirlscouts.com
  19. Honest Girl Scouts--exposes how the current "Girl Scouts" is being infiltrated by organizations that promote the pro-lesbian and pro-abortion agenda (Girl Scouts in Colorado are now accepting transgender boys--what an abomination).
  20. Homeschool Legal Advantage—protecting the rights of homeschoolers.
  21. Christian Anti-Defamation Commission (CADC)General William Slater Hollis, a retired U.S. Army Brigadier General, Ranger, Paratrooper and decorated Korean War Veteran, started CADC in 1999 to protect Christians from defamation, discrimination, bigotry and so on.
  22. Carl M. Ippolito—Attorney At Law, JD/MBA—located at 1 Washington Crossing-Pennington Road, Suite C, Pennington, NJ 08534 & Hunterdon County (near Flemington, NJ) who is a Hunterdon County resident. Ph# 609-818-1222 (Office), 609-954-5322 (Text), 609-916-1335 (eFax); E-Mail: cmippolito@hotmail.com or ippolitolaw@gmail.com (An honest attorney specializing in Business Contracts, Business Formation, Business Planning, Business Litigation, Corporation, LLCs, Partnerships, Corporate Law, Estate Planning, Wills & Trusts, Discrimination suites, Personal Injuries, etc.)
  23. Institute for Justice--economic liberty, private property, unlawful seizures by IRS, etc.
  24. How to Win a Lawsuit Without Hiring a Lawyer by David C. Grossack
  25. LEAGLE--Comprehensive Law Library: Federal and State
  26. US Legal Forms—recommended by G. Gordon Liddy

Legal Problems with Evangelizing (handing out Tracts in New Jersey)

Million_Dollar_Bill_crop.jpg

Ray Comfort Tract from Living Waters

    Street Light Ministries 1st Amendment rights were violated over the years; as a result, the ministry fought for their rights and were aided by the Alliance Defense Fund (ADF) and the American Center for Law & Justice (ACLJ). Cases won in favor of the ministry for denying them access to evangelize and distribute tracts: City of Rehoboth Beach, DE and Seaside Heights, NJ.
    (Click PDF file on the Supreme Court of New Jersey’s decision on whether regional shopping malls should permit distribution of leaflets.)
    http://www.streetlightinfo.com/

Police Encounters

Police Car

Marxism Comes to America—decent cops with a conscience (who believe in God and the Constitution of the United States) are either fired or leave law enforcement because they cannot carry out orders to abuse their follow citizens---PDF (06/29/12:Chicago Police and Churches betray the Constitution and 2nd Amendment--see Turn in your Guns at the local church.)

 

  1. Texas DWI Survival Guide: A Citizens Protection Manual--written by an attorney & former cop
  2. Students Arrested—Know Your Rights--PDF
  3. High School Students Lose more of their Rights—1957 vs. 2009--PDF
  4. Handling Police Encounters—what should students do?
  5. Handling Police Encounters —recommended for teenagers.
  6. Responding To Police by Pastor Chuck Baldwin (06/11/15)
  7. Police Contact: How to Respond with Attorney and former Felony Prosecutor Tim Baldwin --DVD.
  8. Flex Your Rights
  9. National Police Misconduct Report (NPMR) sponsored by the CATO Institute
  10. Police Abuse
  11. DWI Dude--a former Austin, Texas Cop and one of the best DWI Attorneys in the U.S (he just Won a case for a Military Verteran because the Cop was a Lying SOB)
  12. How to Defeat Predatory Cops and Prosecutors--see YouTube by DWI Dude Attorney
  13. Dale Carson Law--a criminal defense lawyer, who understands the legal system (a former FBI agent, police officer, State Attorney's Office investigator; get his book Arrest_Proof yourself)
  14. Sheriff Mack of Arizona—how to eliminate police harassment & the high cost of Township Police Departments (see Police/Sportsmen Tab, (Merging Twp. Police Depts. into the Sheriff's Office), Homeland Security, and Local Government site for more information on this subject).
  15. The Lawful Path
  16. http://www.lawfulpath.com/
  17. http://volokh.com/
  18. Fully Informed Jury Association—see their media catalog.
  19. Handbook for Juries
  20. Caught.netjurors’ Handbook

Firearm Legal Issues

Brown Bess musketFounding Fathers Militia had the equivalent of the M16

The Brown Bess (.75 caliber/19.1 mm) was the most widley used rifle by the American Revolutionaries (citizens/militia) and the standard rifle for the British (Red Coats)--it was the equivalent to our M-16.

 "A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed."          Second Amendment to the U.S. Constitution.

  1. Evan F. Nappen (Attorney At Law for Firearms issues in New Jersey)
  2. Firearms Industry Consulting Group--Division of Prince Law Offices, P.C. (PA based)
  3. Prince Law Offices (P.C)--firearms law/gun trusts
  4. Second Amendment Attorneys and Foundations
  5. Armed Citizens’ Legal Defense Network, LLC—Network members’ attorneys can request case review by a Network self-defense expert at no charge.
  6. American Firearms Munitions & Consulting—expert witness service to the legal professional in an ample variety of firearms (an attorney & former Federal Agent).
  7. Apple Law Firm, PLLC (Gun Trust Lawyer)--specializes in Class III weapons and NFA gun trusts (ATF Form 5320.4, also referred to as Form 4 for short-barreled rifles, silencers and machine guns).
  8. Federation fo Airsoft Standards and Training

Recommended Book: NJ Gun Law Guide for Law Enforcement, Prosecutors, and Sportsmen & NJ Law (Firearms Purchaser Identification Card, Hollow Point bullets, Transporting Firearms, Lawsuit Against NJ, etc.)


NJ Gun Law Gun Guide
http://www.evannappen.com/

Federal & State links for Gun Laws
http://www.nraila.org/gunlaws/

US Handgun Laws
http://www.handgunlaw.us/

Other Gun Law Web Sites: Bloomfield Press & USCCA

The book and resources mentioned above are not a substitute for professional legal advice, but is very helpful for understanding New Jersey’s gun laws and gun laws in othe states. Legal Disclaimer: One should always verify that the NJ gun laws or other State guns laws quoted above and other places on this website have not changed--laws constantly change. The NJIAT President takes no responsibility for the accuracy or legal implications that may result--the laws quoted below are for general information only and is not intended as a substitute for the law or for professional legal advice.


Click link below to the State of New Jersey, Department of Law & Public Safety, Office of the Attorney General
Topic: Weapons/Firearms
http://nj.gov/oag/services_arms.htm



Click link below to the Pennsylvania Office of Attorney General
Topic: Firearm Reciprocity Agreements
http://www.attorneygeneral.gov/crime.aspx?id=184

"The right of the citizens to bear arms in defense of themselves and the State shall not be questioned."

Article I, Section 21 (Constitution of the Commonwealth of Pennsylvania)

Firearms Purchaser ID Card

New Jersey residents have to apply for a "Firearms Purchaser ID Card" in order to purchase rifles, shotguns or handguns. You must go to the Police Chief of the municipality where your reside or the Superintendent of the State Police. The police department should have the forms to fill out and you will have to make an appointment for fingerprinting. The forms can also be printed off the New Jersey State Police website. (Click "Forms to Download" for the Firearms Purchaser Identification Card/Application to Purchase a Handgun. One also needs to fill out the Consent for Mental Health Records Search with firearm application and 3 personal references and bring to your local township police department--see the New Jersey State Police Site on Forms to Download.)

Pennsylvania residents can buy a gun without a special card in PA (they have to show valid identification)--they are still run through an extensive background check via the National Instant Criminal Background Check System (NICS) by the licensed dealer and are either approved, denied or put on pending status. The "NICS" was started in 1988 and is operated by the F.B.I.--the operations in NJ are run by the State police. (A licensed firearms dealer must contact the "NICS" via telephone or facsimile and then will receive determination of whether the prospective purchaser would violate Federal or State law.)   Applications for a PA resident “License To Carry Firearms” (LTCF) must be submitted to their county sheriff’s office, with exception of Philadelphia where they are handled by the Gun Permits & Tracking Unit of the Philadelphia Police Department. All permits issued by one county must be honored by all counties including Philadelphia.  If the resident or non-resident is approved, they are issued a permit that is valid for 5 years--this should be the method in New Jersey.  The process of obtaining a PA LTCF is very thorough in making sure that permits are not granted to people that may be irresponsible or pose a danger to others. (See Pennsylvania Firearm Owners Association for more information on concealed carry--  www.pafoa.org ). For detailed information on "Right- to-Carry" permits and how a New Jersey resident can obtain one see the Right-to-Carry Tab.

New Jersey makes it harder and more expensive for law-abiding citizens to purchase a firearm; the background check is no different from Pennsylvania's background check when going into a licensed dealer to purchase a firearm (the person is run through "NICS").

How long should it take for an application to be approved or denied?

The applicant should be approved or denied "within 30 days form the date of receipt of the application for residents of this State and 45 days for non-resident applicants." This law is under N.J.S. 2C:58-3(f).

Address change for New Jersey Firearms Purchaser Identification Card (FPIC)--it is called "duplicate firearms purchaser identification card"

Under New Jersey Administrative Code 13:54-1.11, a holder of a NJ Firearms Purchaser Identification Card must apply for a change of address with 30 days of such change of address. How to does a person change his/her address? One applies to the Chief of Police in the municipality where the applicant currently resides (new address) or to the Superintendent of the State Police if they police your area. What form must be filled out? Ask for an application for a "duplicate firearms purchaser identification card" and a consent for a mental health records search--this is all that is required under the New Jersey Administrative Code 13:54-1.11 (b). It is not the same application for a Firearms Purchaser Identification Card (you already have the card). To get the two correct forms from the official New Jersey State Police website, click the following: Application for Duplicate Firearms Purchaser Identification Card and Consent for Mental Health Records Search. These are the only two forms you need. The applicant pays a small fee. Some police departments such as Clinton Twp. Police Dept. were erroneously making people with a FPIC, who recently moved to Clinton Twp., apply for a new FPIC This is stupid and a violation of the law. The Clinton Twp. Police Dept. is also making township citizens, who are applying for a FPIC, to sign a waiver if it takes more than 30 days--this is very unethical. Make sure the police are giving you the correct forms. It should look like the official NJ State Police forms above. If you are having problems with your local police, contact the Association of NJ Rifle & Pistol Clubs of New Jersey.

Firearms Seized in New Jersey and not Returned to You because of Domestic Violence Allegations will loose their Gun Rights

This law has been on the books since January 14, 2004. NJS 2C:58-3. C. (8) and NJS 2C:39-7. b. (3) states that if the State is holding your guns or your guns were not returned to you (e.g. sold to a dealer, transferred to a third party, destroyed by the State, etc.), you lose your gun rights in NJ. Anyone with guns "seized and not returned" who purchases or possesses a firearm faces five years in the NJ State Prison. (Do not simply agree to have your seized guns sold to a dealer, transferred to a third party, or forfeited ot the State--you have too many scumbbag prosecutors and judges in NJ who don't tell the unsuspecting gun owners that their gun rights will be lost by making such a deal with the State.) The law is not only unconstitutional, but it is a disgrace that the NJ State Police has failed to ask about it on gun permit application forms and Certificates of Eligiblility.

What about Possession and Transporting Hollow Point Bullets in New Jersey?

Yes, but only by the way of exemptions under N.J.S. 2C:39-3.g.2 and N.J.S. 2C:39-6f. (i.e, dwelling, land owned or possessed; while hunting, fishing or target shooting; place of purchase). The exemptions are:

1. N.J.S. 2C:39-3. f., possession of hollow nose ammunition is prohibited unless a person is engaged in activities pursuant to N.J.S. 2C:39-6f. that includes target shooting and hunting.

2. N.J.S. 2C:39-3 subsection g.2, a person can keep this ammunition at his dwelling, premises or other land owned or possessed by him and may carry such from the place of purchase to the above locations. Law enforcement and military are also exempt.

Also, New Jersey alllows magazine capacity of (15) rounds (N.J.S. 2C:39-1y)--this limited magazine capacity is unfortunate.

There have been false arrests by Officers because they are unaware of the exemptions. For more detailed information on the above, see the New Jersey State Police Site on Hollow Point Bullets or The New Jersey Office of the Attorney General for further information on weapons/firearms.

Advice: Under N.J.S. 2C:58-15, it is unlawful to store a firearm where the individual knows or should know that a minor (defined as under the age of 16) could gain access to it.  It is advisable to purchase a gun safe--gun safes can be obtained at a reasonable price and prevents thieves, drug addicts, gangs, etc. from stealing your weapons and protects you legally. The exemptions of N.J.S. 2C:58-6.1 still allow minors to access firearms. (There is no sales tax on gun safes in New Jersey.)

Notice to Law Enforcement and Citizens: The laws quoted are for general information only and is not intended as a substitute for the law or for professional legal advice—laws change. I highly recommend that New Jersey citizens, Sheriffs, police departments and prosecutors purchase the New Jersey Gun Law Guide (a book by Evan Nappen on Guns Laws in NJ) and to access the the New Jersey State Police website mentioned above. Unfortunately, many police departments do not know or understand the gun laws in New Jersey and many prosecutors do not educate and clarify New Jersey guns laws to police departments mentioned on this tab. This results in many false arrests for something that is legal in NJ. Even police officers from other States have been arrested for bringing their pistols into New Jersey, which is legal under federal law (see the Law Enforcement Officers Safety Act of 2004 (18 U.S.C. § 926B) below and on the Right-to-Carry Tab--law enforcement officers and certain military personnel are allowed under this new law the Right- to- Carry (RTC) in any state or district in the U.S.)

Interstate Transportation of Firearms (The Federal Firearms Owner's Protection Act of 1986 (FOPA)
Title 18, Part 1, Chapter 44, Sections 926A of the United States Code
:

"Not withstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, that in the case of a vehicle without a compartment separate from the driver's compartment the firearm or ammunition shall be contained in a locked container other than a glove compartment or console."

The FOPA protects those who are legally transporting firearms by automobile or plane for lawful purposes. FOPA protects firearms owners traveling through gun-unfriendly jurisdictions; it does not protect those traveling to those places. See Cornells University's law pages and David T. Hardy for the Cumberland Law Review (a summary of the law's history).

[The judge (James Morley) in Brian Aitken's trial (a law enforcement officer arrested him in 2009 after searching his car--Aitken was moving from his parent's home in Mount Laurel, NJ to Hoboken and had legally purchased firearms from Colorado locked and unloaded in his car trunk because he was going to transport them) refused to instruct the jury about the federal statute. Gov. Chris Christie granted clemency to Aitken. The judge and prosecutor should be removed from their positions and charged criminally for this act.]

Inheriting Firearms

A person can inherit firearms under N.J.S 2C:58-3j. Firearms pass upon death of the owner to the heir or legatee whether by testamentary bequest or the laws of intestacy. There is no requirement to have a permit or identification card as long as the person is not disqualified to possess firearms. A so-called "assault firearm" can be inherited if it is in another state such as Pennsylvania. It is very important to have a Will stating that you are leaving your firearms to your chosen heirs, which does not have to list the make and model or serial number--this allows for the legal transfer of firearms without the necessity of permits. Do not "register your firearms"--this is not required in NJ! You have some idiot Twp. Police Departments in New Jersey recommending that citizens "voluntarily register their firearms" if they inherit any firearms. Just like Nazi Germany! An attorney should prepare the Will (laws change & might be different in your State) and every gun owner no matter what State they live in should have this in their Will. (See Christian Legal Help Tab for information on Attorneys specializing in Gun Trusts.)

Former NJ Attorney General Paula T. Dow Misrepresents the Facts About Right-to-Carry

The NJ Attorney General responsed to the Right-to-Carry lawsuit brought by the Second Amendment Foundation (SAF) and ANJRPC by arguing that the right to bear arms does not apply outside the home (see Association of New Jersey Rifle & Pistol Clubs for more details). She has also made statements that issuing concealed carry licenses is a danger to society. Attorney General Dow stated in her brief: "...When handguns are permitted to be carried beyond one's home, the dangers and risks necessarily increase and are borne by the public." (She also asserted the primacy of state's rights to "ensure the safety of all of its citizens" against Mr. Muller's "alleged right" to self-defense outside the home.) Where did she get her facts? Risks increase? Maybe for the criminal. Reasonable regulations? According to the FBI, on average, Right-to-Carry states have a 24% lower violent crime rate than states without the self-protection law! Does the NJ Attorney General realize that over 37 states have "shall-issue" laws for permit holders (uniform standards, not subjective as NJ) and over 40 states have Right-to-Carry? The "shall-issue" states have an impeccable safety record (for example, Florida has issued 1.8 million permits since 1987 to 2010 and only 167 permit holders had their licenses revoked or .01 percent of permit holders--most were for accidently carrying in a gun-free zone. Carrying a firearm is a "right" not a "privilege," according to the Bill of Rights--see article entitled The Right to Carry Concealed Weapons for Self-Defense. The States have the authority under the 10th Amendment to nullify any unconstitutional laws from the Supreme Court or Congress. For example, the North, shortly before the Civil War, passed laws nullifying the Fugitive Slave Law in spite of a Supreme Court decision. There are 8 States that have passed the Firearms Freedom Act. It is about time that Governor Chris Christie (a nice guy) take a Constitutional and Biblical worldview on self-defense and ownership of firearms. The current view against firearms is a secular humunist worldview, which is sin and against God. (Denying concealed carry licenses to law abiding citizens in cities that have a high minority population and the crime rate is high is racism on its highest level--see A New Film entitled No Guns for Negroes that exposes the Racist Origins of gun control implemented on the Black Community (it features a prominent pro 2nd Amendment Black American activist, who is a member in a respected Black Civil Rights organization and former mayor of a Chicago suburb—he exposes the White Liberals and their “PC Pimps” in the Black Community)—PDF or download the DVD film for free entitled No Guns for Negroes.) Also, see Black Man with a Gun — an African American organization defending their 2nd Amendment rights (the founder and current President Kenn Blanchard was a former federal police officer and served in the U.S. Marines). Also, see ATF Racially Profiling Hispanic Gun Owners.

Note: In February, 2009, the New Jersey Supreme Court ruled in State v. Pena-Flores, 198 N.J. 6 (2009) that a police officer with probable cause for a stop may not search a vehicle without consent unless exigent circumstances exist.

Law Enforcement Officers Safety Act of 2004 (18 U.S.C. § 926B)—for further information on how this bill affects (in a positive way) peace officers and military police see Right-to-Carry Tab.

HR218 BadgeCitizen Carry Badge

See Maxarmory.com to obtain badges.

The full text of H.R. 218 and S. 1132 are not the acutal laws per se; USC 18 & 926B (specific active-duty law enforcement) and 926c (pertains to "retired" law enforcement) are the laws created and were improved through the two acts. Yes, if a officer left after vesting in retirement (service after 10 years), but before the required age to collect a retirement are now covered. In other words, you just need 10 years of aggregate service and a retired cop from another state does not have to go back to his/her state to do their yearly qualifications under the LEOSA Improvement Act (a.k.a. Public Law 110-272)--they can qualify in the state they are living in. Unfortunately, the IACP has been against this law because they have their head 'you know where'. Amtrak police, the Federal Reserve and executive branch of the Federal Government are now under the umbrella of LEOSA. Police officers should look at their ID to make sure their agency is in compliance with these laws. See summary on the “Law Enforcement Alliance of America’s” website. www.leaa.org

Law enforcement officers and certain military personnel are allowed under this new law the Right to Carry (RTC) in any state or district in the U.S.  If a police chief or superintendent is not permitting you (the law enforcement officer) to carry in another state, the police chief or superintendent could be violating federal law—call the NRA’s division of Civil Rights Defense Fund.   [Note: The law was envisioned to be a bar to arrest and/or prosecution if you are a qualified off-duty or retired law enforcement officer and carrying in another state—however, there have been problems with states such as New York ( a gun hostile state) not obeying federal law. Two (2) recent cases where law enforcement officers were arrested in New York: 1. A Pennsylvania Constable named Rodriguez in 2006 and; 2. A Coast Guard cop named Booth in 2008. In both cases the judge ruled that Rodriguez and Booth were not guilty of a gun crime because under the Law Enforcement Officer’s Safety Act of 2004—a federal law--preempted state law. For further information see American Cop Magazine, September/October 2008 issue, page 16—website: www.americancopmagazine.com .] See the following list below on how a retired peace officer can obtain a concealed carry license:

  • Law Enforcment Officers Safety Act of 2004 (LEOSA)— H.R. 218 and S. 1132 are not the acutal laws per se; USC 18 & 926B (specific active-duty law enforcement) and 926c (pertains to "retired" law enforcement) are the laws created and were improved through the two acts. Yes, if a officer left after vesting in retirement (service after 10 years), but before the required age to collect a retirement are now covered. In other words, you just need 10 years of aggregate service.
  • A retired cop from another state does not have to go back to his/her state to do their yearly qualifications under the LEOSA Improvement Act (a.k.a. Public Law 110-272)--they can qualify in the state they are living in. Unfortunately, the IACP has been against this law because the have their head 'you know where'. Amtrak police, the Federal Reserve and executive branch of the Federal Government are now under the umbrella of LEOSA. Police officers should look at their ID to make sure your agency is in compliance with these laws. See summary on the “Law Enforcement Alliance of America’s” website. There have been allegations that New Jersey has been violating this federal law against NJ retired law enforcement officers living in another State. See summary on the “Law Enforcement Alliance of America’s” website (www.leaa.org).
  • Retired Police CCW (Dr. Bruce Eimer in PA will help Retired Officers qualify in all 50 States under HR218.
  • Carry Permits: Retired Cop in NJ—PDF
  • NJ State Police: Concealed Carry for Retired Cops Application --you can go thru the New Jersey State Police or your local Township Police Dept. (the State Police approves or disapproves the application, not the Twp. Chief of Police). If the superintendent approves a retired officer’s application or reapplication to carry a handgun pursuant to the provisions of this subsection, the superintendent shall notify in writing the chief law enforcement officer of the municipality wherein that retired officer resides. In the event the retired officer resides in a municipality which has no chief law enforcement officer or law enforcement agency, the superintendent shall maintain a record of the approval. Current and retired law enforcement officers are eligible to obtain a permit to carry a handgun without specific justifiable need, pursuant to N.J.S.A. 2C:39-6.l. These permits are administered by the Superintendent of State Police and not subject to judicial review unless the officer was denied and is appealing a denial.
  • Instructions for Retired NJ Law Enforcement Officers: Permit to Carry
  • Application for Retired NJ Law Enforcement Permit to Carry a Handgun
  • Law Enforcement Officers Safety Act Allows Military Police to Concealed Carry in 50 States
  • The Library of Congress (Thomas)—one can obtain copies of Law Enforcement Officer’s Safety Act (LEOSA) from the website below, which shows it is legal for law enforcement to carry out of their jurisdiction.
    thomas.loc.gov
  • The Law Enforecment Officers’ Safety Act of 2007 (S.376)
    www.nraila.org
  • Civil Rights Defense Fund
    www.nradefensefund.org

It is highly recommended that retired law enforcement personnel have the National Concealed Carry HR218 Badge to avoid friendly fire and identify yourself. Concealed Carry Citizens' badges (some law enforcement personnel do not like these badges for citizens because they look like law enforcement badges--the State of Utah does not allow concealed carry permit holders to possess them) can also be purchased. There are over 4 million law abiding citizens with carry permits in the U.S. and 1,076,897 police officers carrying pistols. See Maxarmory.com to obtain badges.

Notice to law enforcement: On October 9, 2006, President George Bush signed into law the “Disaster Recovery Personal Protection Act.”  This bill, introduced by Louisiana Senator David Vitter, and then-Representative (now Governor), Bobby Jindal (R), protects gun owners’ rights during times of emergency. It passed Congress with massive bi-partisan support (322-99 in the House, and 84-16) in the Senate.  It is illegal under this new federal law for any law enforcement officer to confiscate law-abiding citizens’ firearms during a civil emergency. [The federal law was the result of Hurricane Katrina (08/29/05) where some cops, feds, and National Guard units used the complete breakdown of civil order as an excuse to harass, intimidate, and physically abuse private citizens—they also confiscated thousands of guns, leaving law-abiding residents of the city with no means of defense against bands of thugs and looters roaming the streets at night (see Soldier of Fortune, September 2008 edition, for article titled The Great Gun Grab, pages 12-18).

Legal Disclaimer: One should always verify that the NJ gun laws or other State guns laws quoted above and other places on this website have not changed--laws constantly change. The NJIAT President takes no responsibility or the accuracy for legal implications that may result--the laws quoted above are for general information only and is not intended as a substitute for the law or for professional legal advice.

Alimony Reform in New Jersey

1. NJ Alimony Reform

2. Fathers Unite

Dyfus Problems?

Frivilous cases over disciplining children (parents have the right to use the rod--we are not saying that real abuse should not be prosecuted), home schooling, religious belief, not getting vaccinated, etc.by Dyfus should not be tolerated. In order to prevent the abuse of parents' rights by the State, the organization's power has to be limited and legislation enacted to protect parents' rights. The Supreme Ruler of Universe does not give the State authority over our children (see Politics/Voting Tab for further information on States' right according to God).

1. Dyfus Problems?--fight back with a good attorney

2. File lawsuite against CPS

Restraining Orders Out of Control

Restraining orders out of control

When the Violence Against Women Act of 1994 sponsored by Senator Joseph Biden (D-Del.) and Senator Barbara Box (D-Calif.) and was signed into law by President Clinton, it took a bad system and made it worse.  The act provided federal money to foment more dissension between the sexes and funnels money to certain favored programs.  It also instructs local police to make more arrests and coordinates interstate enforcement of abuse-protection orders. The act is highly discriminatory and gives financial, political, legal advantage to women in the family court.  There have been several versions of the act passed in intervening years.  (Supporting the Biblical definition of a family and its obligations and duties of a husband and wife is far more effective in preventing violence against women.) See Restraining Orders Out of Control and The Feminist Movement has caused the Undermining of Due Process of Men--PDF

A listing of major problems with the Violence Against Women Act of 1994:

  • An applicant can get a domestic-abuse restraining order for almost any reason.
  • Respecting Accuracy in Domestic Abuse Reporting (RADAR) issued a report that stated that it is as easy to get a restraining order as a fishing or hunting license—RADAR states: “The law defines almost any interpersonal maladjustment as ‘domestic violence,’ the courts then establish procedures to expedite the issuance of these orders.”
  • Many women use the restraining order option for ulterior motives, such as to get custody of children without a court hearing, quick eviction hearing, added advantage in divorce and revenge.
  • There are no rules of evidence, burden of proof, cross examination, no jury when an applicant files a restraining-order—the woman can come to court secretly and just state she feels fearful. One woman even filed a complaint for against her husband for kicking a plastic cooler while leaving the house after he found that she was having an adulterous relationship—she filed a total of 14 false criminal complaints about violations of the order.
  • There were 4,796 emergency protective-orders petitions issued in West Virginia in 2006; an estimated 80.6 percent “are false or unnecessary” and cost the state $18,200,000 according to professor of accountancy Benjamin P. Foster, Ph.D, CPA, CMA.
  • Women commit abuse more than men and this is confirmed by the U.S. Centers for Disease Control and Prevention. There report states: “In non-reciprocally violent relationships, women were the perpetrators in more than 70 percent of the cases. Reciprocity was associated with more frequent violence among women, but not men.”
  • Restraining orders violate and interfere with Second Amendment rights. The state’s laws require that a defendant surrender all guns and ammunition (it is not only a state crime, but a federal one under this act).  Many law enforcement officers and military police had to take a desk job because their wives’ got a restraining order against them and thus lost their right to carry a weapon—this is a disgrace.

The Violence Against Women Act of 1994 and all subsequent acts should be immediately repealed.  Many of the liberal politicians and (many conservative politicians pressured by the feminists) in both parties are responsible for the passage of this highly discriminatory and family destroying act.  Please lobby your Congressmen and Senators to repeal these laws.

Gregory A. Hessian, J.D. “Restraining Orders Out of Control” New American (August 4, 2008): 12-17

 

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