NJ Attorney General’s Office Concedes, NJ’s Stun Gun Ban Unconstitutional

By Ammoland

New Jersey –-(Ammoland.com)- In a brief dated November 7, 2016, submitted in the Appellate case of State v. Lambert, the Office of the Attorney General concedes that New Jersey’s Stun Gun Ban is unconstitutional, stating:

“[T]he State agrees with defendant that New Jersey’s stun-gun statute, N.J.S.A. 2C:39-3h, is unconstitutional in light of Caetano v. Massachusetts, 136 S.Ct. 1027 (2016), and defendant’s conviction under that statute should be vacated in the interests of justice.” (See attached.)

This position was in response to a brief filed on behalf of Appellant Lambert by Joshua Sanders, Esq., of the New Jersey Office of the Public Defender Appellate Division. (See attached.)

In this case, Lambert was charged in 2009 with possession of a stun gun in violation of N.J.S. 2C:39-3h, as well as other non-weapons charges.

Although the appellant did not raise this constitutional issue in his original 2015 plea, the Attorney General confirms in its brief:

“[T]he State agrees with defendant’s reading of United States Supreme Court precedent. To briefly recap Second-Amendment jurisprudence, the United States Supreme Court held that “the Second Amendment extends, prima facie, to all …Read the Rest

Source:: AmmoLand