QUESTION
How do states legally create permits on guns if the 2nd Amendment already states I have the right to own one.
Asked on Apr 07th, 2013 on Civil Rights - New Jersey
More details to this question:
If I already have the right to own a gun, why would I need 'permission' (a permit) to be able to own something I already have the right to own. I've looked up the legal definition of permit and summed up it says " a license or other document given by an authorized public official to allow a person or business to perform certain acts." So i am curious as to how if i already have the right to own a gun (Given to me by the 2nd amendment , which overrulles any federal or state law) then how can a state legally make me obtain a permit for something I already have the right to own by a law that overrules any others. I just dont get why i would need permission to be allowed to do something I am already allowed to do...?
1 ANSWER
Criminal Defense Attorney serving Toms River, NJ
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Edward J. Dimon
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nj has different statutes to address possession of different weapons and to address the permittted behavior with said weapons. for example, automatic weapons are forbidden. shotguns are allowed. you can take a shotgun on a hunting trip in nj without special 'carry' permits. you cannot 'carry' a 'concealed weapon' [pistol] without a 'special carry permit'. these are examples of how the specific nj laws apply to the 2nd amendment. ed dimon, esq.
Answered on Apr 08th, 2013 at 3:27 PM