By: Peter J. Lamont, Esq.
New Jersey Business and Personal Law AttorneyLaw Offices of Peter J. Lamont
The debate over gun control and gun safety has been raging for years. We’ve seen the tragic outcome that gun violence can have through Columbine, Sandy Hook, and most recently at the Garden State Plaza mall in New Jersey. Fortunately, this past Monday's shooting incident, at the Garden State Plaza mall, resulted in no injuries or deaths, aside from the suicide of the shooter.
While there are arguments both for and against gun control, one thing is clear, the right to bear arms, which is afforded to us under the Second Amendment to the Constitution of the United States does have limitations which are highlighted in a recent New Jersey Appellate Division case.
In the Matter of the Appeal of Garabo From the Denial for New Jersey Firearms Purchasers I.D. Card and Permit to Carry a Handgun, Louis Garabo appealed a Law Division order which prohibited him from obtaining the I.D. card due to the fact that his son, who resides at the residence, is a convicted criminal. The Appellate Division upheld the lower court’s order and stated that “its within the public interest to prevent individuals with criminal convictions access to firearms.”
Many pro-gun activists have criticized the decision arguing that Louis Garabo, who has a perfectly clean record, should not be prevented from obtaining the fire arms permit. They view this as a violation of his Constitutional rights. However, the key factor in analyzing the court’s decision is the language “access to firearms.” The decision essentially revolves around the fact that Mr. Garabo intended on keeping the firearm at the same home that his son resides in. this arguably provides the son “access” to a firearm.
I believe that if his son did not live with him or if he planned on housing the firearm at another location, Mr. Garabo would’ve been provided the firearms purchasers I.D. card. Therefore, one could argue that Mr. Garabo’s rights were not impeded upon or violated. In theory, he will be permitted to obtain the purchasers I.D. so long as his son does not have “access” to the firearm.
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