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Old November 22, 2010, 09:14 PM   #99
Al Norris
Join Date: June 29, 2000
Location: Rupert, Idaho
Posts: 9,340
Thank you, karcirate. I've updated the OP to reflect the new case.

The one thing that is front and center in this particular case, as opposed in all the other cases, is that this is a facial challenge to the handgun permitting laws of New Jersey (granted an as-applied challenge is used as a fall-back, but...). This is saying that the New Jersey laws are wrong in all cases. This is not easy to do, as the defendents need merely show that the law is valid in a single case to have your suit thrown clear out of the ballpark.

While I think this particular case might have a chance, perhaps one of our attorneys can actually tell us why this is a tough row to hoe (as opposed to all the other cases which are as-applied).
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