The Right to Treatment Protects All of Us

Twenty years after the closing of Marlboro Psychiatric Hospital, thoughts on Parkland, Florida.

By Stuart J. Moskovitz

In 1966, Chief Judge Bazelon of the D.C. Appellate Court reviewed a lower court decision where the judge had said, “My jurisdiction is limited to determining whether [the patient] has recovered his sanity. I don’t think I have a right to consider whether he is getting enough treatment.”

Chief Judge Bazelon stated, “Absent treatment, the hospital is transformed into a penitentiary where one could be held indefinitely for no convicted offense.”

He then went on to note that in 1964 Congress had passed the Hospitalization of the Mentally Ill Act which provides, in part, “A person hospitalized in a public hospital for a mental illness shall, during his hospitalization, be entitled to medical and psychiatric care and treatment.”

He defined that requisite care by saying, “According to leading experts ‘psychiatric care and treatment’ includes not only the contacts with psychiatrists but also activities and contacts with the hospital staff designed to cure or improve the patient.”

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Posted: February 15th, 2018 | Author: | Filed under: Guns, Opinion | Tags: , , , , , , , , , | 9 Comments »

Pardoned by Christie, Shaneen Allen pushed for change to U.S. gun laws

The handgun that Shaneen Allen was carrying when she was pulled over on a New Jersey highway could have sent her to prison for years if not for a pardon from Republican Gov. Chris Christie. Now the legal saga that kept the Pennsylvania mother of two in jail for 48 days has helped inspire a measure… Read the rest of this entry »

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Posted: December 26th, 2017 | Author: | Filed under: Gun Rights, Guns, News | Tags: , , , , , | Comments Off on Pardoned by Christie, Shaneen Allen pushed for change to U.S. gun laws

House passes Conceal Carry Reciprocity, Smith and Pallone vote No

The U. S. House of Representatives passed the Concealed Carry Reciprocity Act of 2017 today, 231-198 with six Democrats voting ‘Aye.’  Fourteen Republicans voted against the bill, including Chris Smith and Leonard Lance of New Jersey.  Congressman Frank Pallone, who along with Smith represents Monmouth County, voted against the bill.

“Today, the House took action to protect our citizens’ Second Amendment rights,” said House Speaker Paul Ryan, R-Wis., in a statement. “The truth is that concealed carry laws save lives. Right now, current law creates confusion for people who cross state borders with a lawful concealed carry permit. The legislation passed by the House today ensures that people who carry their legal firearm across state borders are protected under the law.” Read the rest of this entry »

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Posted: December 6th, 2017 | Author: | Filed under: Chris Smith, Frank Pallone, Gun Control, Gun Rights, Guns, Monmouth County News, New Jersey | Tags: , , , , , , , | 1 Comment »

Ever wear a badge in Jersey? You may now be allowed to carry a gun here.

O’Scanlon slams Codey’s “ignorant” opposition to retired LEOs carrying guns

TRENTON — Gov. Chris Christie has signed into law a bill that will allow virtually anyone who ever wore a badge in New Jersey to carry a firearm after they retire. The new bill, signed Thursday, substantially adds to the list of those who can carry firearms in New Jersey to virtually all former uniformed law… Read the rest of this entry »

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Posted: July 14th, 2017 | Author: | Filed under: Declan O'Scanlon, Guns, Monmouth County News, New Jersey | Tags: , , , , | 1 Comment »

Christie Commutes Marine Veteran’s Sentence For Gun Conviction

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Hisashi K.D. Pompey, Marine veteran from Virginia convicted under New Jersey’s draconian gun laws of Unlawful Possession of a Weapon, will not have to report to State Prison on Monday.  Governor Chris Christie commuted Pompey’s sentence to time served today.

Pompey was arrested on December 16, 2011 and convicted in 2013, according to the Governor’s Order. According to published reports, Pompey brought his gun, which was licensed in his home state of Virginia, into a Fort Lee nightclub.  A friend took the gun from the Marine’s holster. No shots were fired and no one was injured.

Pompey was facing a 5 year prison term with a provision that he serve a minimum of three years.

Pompey’s application for a full pardon is still under review by the Governor’s Office, according to Chief Counsel Gregory Acquaviva’s letter to his attorney, Evan Nappen of Eatontown.

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Posted: April 14th, 2017 | Author: | Filed under: Gun Rights, Guns, New Jersey | Tags: , , , , | 3 Comments »

Federal Charges Filed Against Millstone Gun Owner

John Lafergolo, 52, of Millstone appeared in federal court in Trenton this morning on charges that he possessed 36 machine guns, which are illegal to possess in the United States, according to a state by U.S. Attorney Paul Fishman’s Office.SuomiM31_Orig

Lafergola was arrested at his Millstone home following a domestic violence incident on October 5, 2014.

According to the 2014 complaints Lafergola pointed a black 5.7X28mm Fabrique Nationale Herstal handgun model Five Seven at the victim. It is alleged that while Lafergola was pointing the handgun at the victim, he stated “I’ll blow your f***ing brain’s out”.

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Posted: January 5th, 2016 | Author: | Filed under: Gun Rights, Guns, Monmouth County News | Tags: , , , , , , | Comments Off on Federal Charges Filed Against Millstone Gun Owner

Obama announces crackdown on gun purchases, but it illustrates the limits of his office

Obama addressWASHINGTON — President Barack Obama launched his unilateral attempt to crack down on illegal gun purchases on Tuesday, blaming the “constant excuses for inaction” from Congress as justification for his exercise of executive power. But in an emotional address quoting the Bible, the Constitution and the Rev. Martin Luther King Jr., Obama also tacitly acknowledged the… Read the rest of this entry »

Posted: January 5th, 2016 | Author: | Filed under: Barack Obama, Gun Rights, Guns | Tags: , , , | 1 Comment »

Christie appointed gun commission calls for loosening concealed carry law

NJB!A forum 120815TRENTON — A commission created by Gov. Chris Christie to examine New Jersey’s tough gun ownership and possession laws on Monday recommended the laws be loosened to allow broader access to those seeking to carry a concealed firearm for self-defense. The New Jersey Firearm Purchase and Permitting Study Commission was established on the eve of Christie’s… Read the rest of this entry »

Posted: December 22nd, 2015 | Author: | Filed under: Chris Christie, Christie Administration, Gun Rights, Guns, Second Amendment | Tags: , , , , | 3 Comments »

N.J. Assembly again fails to override Christie gun bill veto

assetContentTRENTON — For the second time this month, the state Assembly failed to corral enough votes to override Gov. Chris Christie’s veto of a bill that would involve police in deciding whether a person with a documented mental illness can get a gun permit. The Assembly voted 51-17 with nine abstentions, which count as no votes.… Read the rest of this entry »

Posted: December 17th, 2015 | Author: | Filed under: Chris Christie, Gun Control, Gun Rights, Guns, New Jersey, NJ State Legislature | Tags: , , , | 1 Comment »

Under new bill, a ‘smart gun’ in every N.J. gun shop

assetContent (8)TRENTON — More than a dozen years after passing a “smart gun” law that is now blamed for stopping them from being sold across the country, state Senate Democrats on Thursday said they want to revamp the law and force gun dealers to carry the high-tech weapons. Sen. Loretta Weinberg (D-Bergen) said she is introducing a… Read the rest of this entry »

Posted: November 5th, 2015 | Author: | Filed under: Gun Rights, Guns, Monmouth County | Tags: , , , , | 1 Comment »