-Caveat Lector- NEW JERSEY'S WAR ON GUN OWNERS ISN'T THIS HOW IT STARTED IN GERMANY? By: Evan F. Nappen, Esq. Gun owners who suffer under the Florio/Gormley supported "Assault Firearm" ban are now being kicked out of their homes and businesses under the newest Gormley sponsored law. This law is entitled the "Drug Offender Restraining Order Act of 1999," (DOROA) and can be found at N.J.S. 2C:35-5.7. Aggressive implementation of this law has now begun. All a law abiding gun owner needs to do is be charged with possession of a so-called "Assault Firearm" and the gun law victim is automatically kicked out of his/her residence and/or business by way of a restraining order which lasts for a minimum of 2 years. It does not matter one bit that drugs were not involved. The municipal court judges have been instructed to routinely issue these DOROAS. These restraining orders are issued ex parte (without any input by the defendant or his attorney). After the issuance of a DOROA which normally accompanies the criminal complaint, there is no hearing scheduled on the DOROA. As passed, the law is void of any due process for the defendant. Just last week, I had one of these DOROAS come up in Monmouth County. My client was charged with possession of "Assault Firearm's" which are not "Assault Firearms" (Mini-14 and Ruger 10/22). I immediately went back to the municipal court judge who issued the DOROA to try to persuade the judge to vacate the order. There is a section in the law that claims that the DOROA should not be issued to remove a person from their residence unless the judge is clearly convinced that there is a need to bar the defendant in order to protect the public safety. The municipal court judge informed me that although he issued the DOROA and was sympathetic to my client's predicament, he no longer retained the jurisdiction to make any modifications to it. This is in spite of the fact that he was the court of origin for the DOROA. The judge of the municipal court claimed that as soon as he signed the DOROA kicking the defendant out of his home, he no longer retains jurisdiction and that the Superior Court now has jurisdiction. Since there is no procedure in the DOROA law for challenging this restraining order or even affording the victim of the DOROA a hearing, my client was presented with a situation in which he had no opportunity to be heard on challenging the restraining order's issuance. I therefore created and filed emergency papers with the Superior Court to try to get my client back in his home. Fortunately, the Monmouth County Superior Court and the Monmouth County Prosecutor's Office took the appropriate action, which was initiated by my creative filings The Monmouth County Superior Court vacated and dissolved the restraining order. By the time this had been accomplished, the law-abiding gun owner had been barred from his home for one week under the threat of jail. My client resided with his wife in a home on 20 acres of property. On a simple charge of possession of a so- called ""Assault Firearm"" in which the defendant holds a valid New Jersey Firearms Identification Card and poses a threat to no one, my client suffered this injustice which could have lasted for years. None of these facts were presented to nor considered by the judge of the municipal court who issued the initial DOROA. This is a serious situation for law-abiding New Jersey gun owners. False charges for possession of an "Assault Firearm" frequently occur in New Jersey. I have personally handled many cases falsely charging "Assault Firearm" violations. These cases include the new Marlin Model 60's (which hold less than 15 rounds), Colt Match Target rifles and their clones, SKS's with a fixed magazines, 1927 Thomp- son/Auto Ordinance .45's, M1 Garand Rifles, MAK-90's, Marlin Camp Carbine's, Remington 7600's, Russian Dragunov's, and Springfield M1A's without a bayonet lug, just to name some of the common false charges made against law-abiding New Jersey gun owners. In the name of "the war on drugs," be prepared to be kicked out of your home with no due process thanks to Florio, Gormley, and Whitman . For more information about New Jersey Gun Law, see Evan F. Nappen and purchase and read Nappen II: New Jersey Gun, Knife & Weapon Law. Mr. Evan F. Nappen, Esq., may be contacted at 732-389-8888 Evan F. Nappen writes for Pipe Bomb News, a weekly journal of political news and commentary. He can be reached at [EMAIL PROTECTED] Published in the July 26, 2001 issue of Ether Zone. Copyright © 2001 Ether Zone (http://www.etherzone.com). Reposting permitted with this message intact. -- Best Wishes Not everyone with a gun is a bad guy. Not everyone without one is a good guy. A bad guy without a gun can still do a hell of a lot of damage. A good guy without a gun can't always stop it from happening. - Arthur C. Clarke & Michael Kube-McDowell in The Trigger, 1999, p. 441 (paperback edition) <A HREF="http://www.ctrl.org/";>www.ctrl.org</A> DECLARATION & DISCLAIMER ========== CTRL is a discussion & informational exchange list. Proselytizing propagandic screeds are unwelcomed. Substance—not soap-boxing—please! These are sordid matters and 'conspiracy theory'—with its many half-truths, mis- directions and outright frauds—is used politically by different groups with major and minor effects spread throughout the spectrum of time and thought. That being said, CTRLgives no endorsement to the validity of posts, and always suggests to readers; be wary of what you read. 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