NJ-Governor-Chris-Christie-courtesy-nj.com__1

Press release from The Association of New Jersey Rifle and Pistol Club [via Ammoland.com]: In a blockbuster announcement yesterday, Governor Christie conditionally vetoed two pieces of anti-gun legislation (A3689 and S816), imposing dramatic conditions that would change them into pro-gun measures establishing shall-issue right-to-carry and repealing New Jersey’s 2002 “smart gun” law mandate with no strings attached. Copies of the vetoes are available here and here.

The “conditional veto” procedure allows the governor to reject legislation that reaches his desk and propose a re-written version to the legislature. If the legislature concurs in the conditions imposed by the governor, then the measure as re-written becomes law immediately. Otherwise, the legislation dies.

“Governor Christie has made a bold and defiant statement to the legislature in support of the Second Amendment,” said ANJRPC Executive Director Scott Bach. “Not only has he rejected their medieval schemes to block self-defense, but he has fired back in a way that forces them to choose squarely between citizen empowerment or victimization in the post-Orlando era of terror attacks on U.S. soil.”

“One inescapable truth is that government cannot protect you when evil strikes,” continued Bach. “The only solution is citizen empowerment, and it is the legal, moral and Constitutional imperative of government to facilitate and not block self-defense.”

A3689 (Right to Carry)

This spring, the State Police promulgated new regulations on right to carry that were recommended by Governor Christie. The regulations would have allowed those facing “serious threats” to satisfy the near-impossible “justifiable need” standard to qualify for a carry permit – an incremental improvement in right to carry.

Outraged by the new regulations, and distraught that more “commoners” might be able to protect themselves, anti-gun legislators (who themselves enjoy the armed protection of State House security) fast-tracked resolutions this spring to kill the new regulations before they were even formally adopted.

They invoked an obscure procedural trick in the state constitution allowing the legislature to invalidate regulations that conflict with legislative intent. But the legislature never expressed any intent as to what constitutes “justifiable need” – it is undefined in the statute, and the current definition was first created by the courts, and then adopted imprecisely by the State Police in their administrative regulations. The new regulations now at issue seek to fix the original imprecision and make the regulations consistent with court opinion.

So it is highly debatable whether there is even a conflict with legislative intent that would allow the legislature to invoke the obscure constitutional procedure to invalidate the new regulations. Legislative leaders are aware of this, which is why they introduced A3689 to begin with – it’s a stunt to fabricate legislative intent where none existed previously. It seeks to take the current imprecise administrative regulation defining and severely limiting justifiable need and cement it into state statute for all time.

By doing so, the bill tries to retroactively “install” legislative intent into the statute. A3689 was sponsored by Assemblyman Louis Greenwald (D6).

Governor Christie’s conditional veto of A3689 rejects this attempt to freeze the definition of justifiable need for all time, and instead completely eliminates justifiable need as a requirement to obtain a carry permit in the first place! It would turn New Jersey into a shall-issue state, and Governor Christie specifically calls for New Jersey to become shall-issue – making him the first governor in state history to both acknowledge and try to implement shall-issue carry!

Here is a key quote from Governor Christie’s veto message on A3689:

“For decades, law-abiding residents of New Jersey have had their Second Amendment right to self-protection burdened by gun laws that are among the most unreasonable in the country. . . . Rather than doubling down on the unreasonable requirements for law-abiding residents of New Jersey to obtain a concealed carry permit, I propose having New Jersey join the 42 other states that have adopted a “shall-issue” standard for approving such applications.”

S816 Analysis (Smart Guns)

New Jersey’s 2002 “smart gun” law, when triggered, would become a ban on sale or transfer of every conventional handgun ever made. It mandates that only “smart” handguns can be purchased or sold once the state Attorney General determines that there is a viable smart gun for sale anywhere in the U.S.

The law backfired, because it tipped the hand of the national gun ban movement, revealing that they were going to use technology an excuse to ban conventional handguns nationwide as in New Jersey. That made the smart gun idea wildly unpopular among gun owners, and the technology has not significantly developed since.

Under national pressure to do something to remove this perceived impediment to the development of smart guns, State Senator Loretta Weinberg (D37) introduced S816 to supposedly “repeal” the smart gun law.

Although the bill would remove the 2002 ban on conventional handguns, it is badly tainted because it swaps in a new mandate in its place, forcing every New Jersey firearms dealer to stock and display smart guns for sale – essentially compelling market acceptance of the technology instead of letting the free market decide.

The effort to coerce smart guns onto the market by bullying dealers suggests that politicians will be back with their ban on all conventional handguns soon after an artificial market for the new and unproven technology is created. The legislation would also create a new politically-controlled commission to approve smart guns for sale, eliminating the more neutral and objective state Attorney General from that decision.

[For additional background, see Scott Bach’s editorial in The Record, and this detailed ANJRPC alert on the subject from late last year.]

Governor Christie’s conditional veto of S816 would remove the new dealer mandate, eliminate the politically-controlled commission, and turn the legislation into what it should have been in the first place – a clean and simple repeal of the mandate / handgun ban from the 2002 smart gun law.

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About Association of New Jersey Rifle & Pistol Clubs:The Association of New Jersey Rifle and Pistol Clubs, Inc. is the official NRA State Association in New Jersey. Our mission is to implement all of the programs and activities at the state level that the NRA does at the national level. This mission includes the following: To support and defend the constitutional rights of the people to keep and bear arms. To take immediate action against any legislation at the local, state and federal level that would infringe upon these rights. Visit: www.anjrpc.org

51 Responses to Governor Christie’s Conditional Veto: Make NJ “Shall Issue”, Unleash “Smart Guns”

  1. I assume this has no chance of passing? I’m sure it’s just theatrics, but it’s the right kind of theatrics. Given that he is so chummy with Trump, this gives me a bit of a hope. Time will tell

    • From my read of the above, it doesn’t have to “pass” to necessarily be a ‘win,’ at least for the ‘shall issue’ part.

      If the governor’s changes are not accepted by the legislature, the proposed law dies. This means the current law is still in effect…which is not as good as “Shall Issue” to be sure, but is FAR better than what the legislature tried to accomplish.

      So, he put them into a Catch-22 position. They lose either way…again, at least for the bill concerning Shall Issue vs effectively Non-Issue:

      Pass it, NJ becomes Shall Issue.
      Don’t Pass it, NJ remain May Issue but without the legislature’s interpretation of ‘justifiable need.’

      • Actually, they can override his veto with a 2/3rds majority vote.

        This is basically what happened in Illinois, although it’s called an amendatory veto here. When the Illinois concealed carry law was passed and sent to Governor Quinn, he issued an amendatory veto which would have removed preemption, allowing individual municipalities to come up with their own rules for carry, would have reversed the signage requirement (instead of posting where guns are prohibited, he wanted a lack of a sign to be assumed that guns were prohibited, and require a sign if guns are allowed), etc. etc… lots of other BS.

        Both the House and Senate overrode his veto with a super majority vote, and thus we have our carry law as it was written.

  2. Good luck, NJ. I mean it sincerely. Realistically, the NJ legislature will kill this. Great statement, though.

  3. Frost is starting to form over hell………

    Not holding my breath but its about time the people of New Jersey got a taste of freedom!

  4. Too little, too late, from a failed presidential candidate trying to reposition himself for 2020.

    Christie is a tempestuous, vindictive hood who has no business being anywhere near a position of power.

      • Then run for office yourself or encourage someone whom you respect to do so.

        There are good men and women out there, at all levels of government. Join them. One of the penalties for refusing to participate in politics, is that you end up being ruled by your inferiors.

        If even half of the sideline spectators got involved, instead of just sniping and carping, this country would be in far better shape.

    • Well, you must be one of those NJ public school teachers/Cops/state employees, whose outrageous salaries/benefits/pensions, are bankrupting the state…and when Christie tried to do something about it, ‘You’ went ballistic. God help the people of NJ next year, when another leftist Democrat is elected Gov.

  5. wow! The hate and vitriol from some of the commenters is breathtaking. Must there always be some nefarious motive? Can no one, even Christie, grow up and learn? Come on people. The man is trying to do right by his fellow citizens. Before you all castigate him why not wait until the process plays out? If it’s all for show, that will be evident shortly. Otherwise the former slaves of NJ may actually gain their freedom.

    • Promises from politicians are worthless. What they accomplish is the only metric that counts.

      This is theatrics, acting, nothing less.

      When these things are implemented I will be the first to stand up and applaud.

      Until then, this is worth only the amount of trust you are willing to invest in a politician. Christie, from the mob capital of the republic, what has he accomplished to increase the liberties and reduce the tax burdens of the people in his time in office so far? Huh? What trust are you willing to give this man?

      Nice sounding words indeed.

      Show me the money. Say it. Show me the money.

    • Christie’s credibility is long since blown. Authentic or not, all of his future actions will be filtered through the prism of his past machinations. People don’t change. Only their camouflage improves.

    • He once ran on a platform of keeping the NJ assault weapons ban in place. He was very vitriolic. He basically cared nothing at all about the people getting screwed by NJ’s draconian laws against carrying weapons in public until he was running for President. Then, suddenly, he cared about people like Shaneen Allen. I would believe him more if he came into office and immediately started campaigning to stop the illogical and random prosecutions of the law-abiding. Instead, he did nothing until there was a clear benefit for him.

  6. Smart guns never made any sense. 2/3 of gun deaths are suicides, likely by their lawful owners, so they won’t help with that. The rest are shootings by criminals and accidents by kids, who usually don’t have wealthy parents buying smart guns. So you’re telling me that criminals who can skim ATMs and steal cars and credit cards via hacking are going to be stymied by new electronics in guns? As if.

    Liberals. So stupid they think they’re smart.

    • “Smart guns never made any sense. 2/3 of gun deaths are suicides, likely by their lawful owners, so they won’t help with that. “

      They’ll “help” in the sense that the ‘smart’ tech won’t be and will just disable all guns – either by design, by incompetence or by external signals to disable.

      It’s probably the plan…to have “guns” that just don’t work. What better way to move toward civilian disarmament? Proles will think they are buying “smart guns” when all they get are useless hunks of metal.

      “Liberals. So stupid they think they’re smart.”

      Dunning-Kruger is in effect.

      • Smart guns are just fine. I can think of circumstances where I might have wanted one in the past. All is fine until somebody assumes that the constitution no longer means anything, and so government can *MANDATE* smart guns. I could probably still agree with that, so long as it meant what I said, mandate smart guns, as in, every American is required to own one. Other guns? Decide for yourself, your right to keep and bear them shall not be infringed, that does not stop the government from requiring you to own one.

  7. I regard New Jersey as a third world country, ruled by tyrants & policed by Gestapo agents. To the thousands of LEOs in the state who actually follow their oath to support & defend the U.S. Constitution, apologies. But you bear some responsibility for the actions of your fellow officers if you fail to sanction or shun them for their oppressive, slavish enforcement of draconian anti 2A laws.

  8. Count me as impressed, perhaps Christie isn’t a soulless politician after all. We shall see what comes from this.

  9. But allowing New Jersey to become a “Shall Issue” state will turn the streets into a Wild West scenario with every traffic accident turning into a mad gun battle, just like what has happened in the 42 other states that have Shall Issue laws!

  10. NJ has a snowball’s chance in hell of becoming shall issue.

    Trenton is owned by Democrats and the unions that fund them. Until they are gone, NJ gun rights will be non-existent.

  11. CivTeam6 will still arbitrarily deny the permits even if this passes. NJ is shall-issue for its FOID, yet there are many municipalities that routinely deny or refuse to process applications for the right to PURCHASE a firearm.

    Shall-issue CCW permitting would be amazing. Given the current climate of the powers that be in NJ, there needs to be a penalty for any authority that does not issue a license when an applicant fulfills the requirements.

    • +1. I’ve had a hard time explaining some of our gun laws to people from free states, like the horrendous transport laws. They can’t comprehend that stopping at a restaurant with a locked, cased, unloaded gun in your car is a felony, and they’re right not to. To my knowledge NJ, NYC, and probably Hawaii are the only places with this sort of law in effect, a law nobody has ever been prosecuted for, but that still looms over our heads.

      I’ve heard plenty of stories about people being denied CCW permits even after submitting copies of legal evidence that they were stalked, raped, robbed at work, etc. To others this may not mean much, but for us it’s a potential huge first step in a state that has had a Democratic supermajority and “NYC” Republicans for decades.

      • “To my knowledge NJ, NYC, and probably Hawaii are the only places with this sort of law in effect, a law nobody has ever been prosecuted for, but that still looms over our heads.”

        Maryland has that law too but it only applies to handguns.

        • It only applies to handguns in NJ if you are an foid holder. Technically in NJ the foid card allows you to and I will quote evan nappen poorly here, drive down the street with your unloaded shotgun out the window.” It is this part of the law that allows many, myself included to carry what is called the nappen rig. Basically a broken down rifle in a case with the ammo separated. The mst common and the one that bears his name is a keltec sub2k in a case that fits. Granted this is not as good as being able to ccw, but in an active shooter scenario or similar situation does offer a measure of protection. Certainly better than cower in place. As an added measure of comfort, depending on the rifle carried it does not leave you under gunned.

  12. Bravo! Nice to see him standing up for 2A even after his failed pres/vp bid. I will admit to being a skeptic on that front.

    I love moves like this because it forces the other side to show their hand, especially the one about right to carry, it’s hard to say you support people’s right to defend themselves when you pretty much come out and say “justifiable cause” actually was supposed to mean “no you can’t”. That kind of distinction matters to people sitting on the fence.

    • In your dreams maybe. Loosening gun laws would hardly make the top 100 list of concerns of a survey taken of, say 1000 average Americans. Just because a small number of us are passionate about gun rights, doesn’t mean the Kardashians of America give a shit.

  13. The founders were correct. Each state created their own laws. If things got so bad the voters would move to a better state.
    Americans have always migrated to a better state when their personal circumstances changed.

    Having said this NJ has tyrants running it. The governors change of mind is evidence of the great power the second amendment community really has.
    Donald Trump made some people mad and nervous when he refereed to “second amendment people” and “the things they would do”.

    Well the thing they did was to force a change in governor Christie.

    Change is coming to NJ because political leaders do fear the ballot box.
    The ammo box is not needed yet.

    Why do some voters like Loretta Weinberg
    so much?

  14. The side of my family I actually care about lives outside Atlantic City, and they would *love* to have carry permits.

    Crossing my fingers…

    • I love the line after Fat Bastard loses all that weight and says something to the effect of, “…now my neck looks like a vagina…”

  15. I just want you guys to understand, this guy is as big of a snake as they come. Really, one of the worst of the worst. He was one of the guys who was *supposed* to be a Good Guy whom completely was taken with the whole Power Corrupts …… thing.

    Worst of the Worst. *worst of the worst*.

    I could type a doctoral-length dissertation on him, I know most of you don’t have the time nor inclination to read it, but trust me my brothers, this guy is the worst.

    I hope he coughs while stuffing his fat face with hot dogs and suffers extreme culinary discomfort.

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