Wednesday, September 29, 2010

No upside to a carry tax

I am by far not the only NJ gunblogger to comment on State Senator Jeff Van Drew’s recent “liberalization” proposal to profit from civil rights. Elmo first saw it as an inching forward of rights; but it could delay the real deal in NJ by a SCOTUS appeal cycle (currently running at 2 years, based on Heller and McDonald).

This is because of Kachalksy v. Cacace – the SAF foundation suit in Westchester, NY. This suit challenges New York’s “good cause” requirement to issue a carry permit, which is essentially identical to New Jersey’s (NJ law says “justifiable need”). If we do nothing in NJ, once the Supreme Court dispose of New York’s “good cause” requirement, NJ’s is a dead letter. Might take a suit, but SCOTUS precedent will be on our side.

If, instead, New Jersey passes this abomination, we have a different “cause or controversy” – namely, the amount of money the state can charge for issuing a permit. That’s a whole new field to be plowed.

There is no upside to this “compromise” for civil rights. Unless you think that Kachalksy, etc, are going to find a Supreme Court where the Heller/McDonald majority is missing a member when it gets there in 2 years (unlikely, from where I sit, but not impossible) and that the replacement will not follow the reasoning in Heller and McDonald. At that point, we’re hosed anyway since the law could be changed again if there’s a different federal judicial climate, or the rates jacked into the stratosphere – look at how much an NFA stamp cost relative to, say, a silencer when enacted…

You want a real piece of concealed carry reform – support NJ Assemblyman Michael Patrick Carroll’s real reform. Not this “compromise”.


  1. On further discussion, I'm with you. If the SCOTUS route fails for whatever reason, then we can try fighting the bastards incrementally. Until then, we should stand behind a good bill or no bill.

  2. Heller put us on a death or glory route. If at any point we fail at the SCOTUS, there is no backstop save public opinion. Which is why the forces of oppression are doing their best to hold public opinion....


Please keep it civil