On October 27, 2014, Marc Stephens filed a complaint for deprivation of civil right in U.S. District Court in Newark against Superior Court Judge Edward Jerejian, Englewood Chief of Police Arthur O’Keefe, and attorney general of New Jersey John Jay Hoffman. The complaint filed by Marc Stephens, which is titled Stephens vs Jerejian, et al, alleges that New Jersey’s Firearm Laws are unconstitutional because each statue was motivated by and passed through legislature based on racism and discrimination.

Marc filed the complaint after his application for a firearm license was denied. Despite ‘testimony’ in court from, Sgt. Alston, of the Englewood Police Department, stating that Marc Stephens had no convictions, or disqualifiers, and was not a threat to public safety, the chief of police at the Englewood Police Department, and Judge Edward Jerejian of the New Jersey Superior Court in Hackensack, both denied Marc Stephens firearm application stating that Marc is a threat to “Public Safety Health and Welfare”.

Marc Stephens is seeking to strike down New Jersey’s Firearm law as 'facially unconstitutional' and in violation of the Second and Fourteenth Amendment of the United States Constitution.

The Second Amendment of the United States Constitution reads: "A well-regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."

“The Militia is armed by Congress in Article I Section 8, Clause 16 of the US Constitution. The People are Armed in the Second Amendment of the Bill of Rights to the US Constitution. The Constitution doesn’t give us rights, it protects the common law rights that already existed before the Constitution was signed", says Marc Stephens.

The Fourteenth Amendment reads, “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Marc’s statement of facts in his civil complaint reveals, without a doubt, that New Jersey’s legislature passed firearm licensing laws that prohibit African Americans from obtaining firearms, and are traced back to slavery.

Marc appears to have found ‘hidden firearm laws’ which clearly mentions “slaves with guns was a Public Safety Concern”, and that firearm licensing laws were created only for black and mulatto slaves, and ‘freed blacks’.

The choice of using the word ‘hidden’ is because in the 2013 second amendment case, ‘Drake v Filko’, New Jersey stated that they could not “locate any legislative evidence to support predictive judgment”. Somehow, Marc was able to locate the legislative evidence.

Marc points out several New Jersey acts which reads:

In October 1694, "An Act concerning Slaves” was enacted; [§1] WHEREAS complaint is made by the inhabitants of this Province, that they are greatly injured by slaves having liberty to carry guns and dogs, into the woods and plantations, under pretence of guning, do kill swine. Be it enacted by the Governor, Council and Deputies in General Assembly met and assembled, and by the authority of the same, that no slave or slaves within this Province after publication hereof, be permitted to carry any gun or pistol, or take any dog with him or them into the woods, or plantations, upon any pretence whatsoever; unless his or their owner or owners, or a white man, by the order of his or their owner or owners, be with the said slave or slaves; [§4] And be it further enacted by the authority aforesaid, that if any person or persons shall lend, give or hire out to any slave, or slaves, pistol, gun or guns, the said person or persons so lending, giving, or hiring, shall forfeit the said pistol, gun or guns, or twenty shillings to the owner of the said slave or slaves, to be recovered as an action of debt as aforesaid. East New Jersey Laws, October 1694, ch.II, "An Act concerning Slaves, &c.," L&S 340-342. As mentioned in the complaint the fear of slaves with guns was a “Public Safety” Concern. 

"An Act to prevent the Killing of Deer out of Season, and against Carrying of Guns and Hunting by Persons not qualified," [“And be it further Enacted by the Authority aforesaid, That this Act nor any part thereof, shall be construed to extend to Negro, Indian or Mullato Slaves, so as to commit them to prison, during the Time in this Act limitted, in case they should be Guilty of any of the Offences in this Act prohibited, but that and in such case such Indian, Negro or Mullato Slave killing and destroying any Deer as aforesaid, or carrying or Hunting with any Gun, without Lisence from his Master, shall, at the Publick Whipping post, on the bare Back, be Whipt, not exceeding twenty Lashes for every such Offence, for which Whipping the Master shall pay to the Whipper the Sum of Three Shillings..”]. May 5, 1722, 2 Bush 293, 295; 1 Nevill [8 Geo. I] ch.XXXV, §6, p.102. http://njlegallib.rutgers.edu/slavery/acts/A15.html

In 1751, in New Jersey “An Act …to prevent Negroes and Molatto Slaves,…from meeting in large Companies,…and from hunting or carrying a Gun on the Lord's Day was enacted. This act is similar to N.J.S.A 2C:39-14b. “[§2] AND BE IT FURTHER ENACTED, by the Authority aforesaid, that if any Negro or Molatto Slaves shall at any Time hereafter Meet and Assemble together, more than to the Number of Five, unless being on his, her or their Masters or Mistresses Business and Employment; the Constable or Constables on Information or Knowledge thereof, shall, and are hereby required to apprehend the Negro and Molatto Slaves that shall so meet, and carry them before the next Justice of the Peace, who is hereby required and directed to order him, her or them to be whipped on their bare Backs at his Discretion “[§3] AND BE IT FURTHER ENACTED, by the Authority aforesaid, That if any Negro or Molatto Slave or Slaves, shall be seen or found from his or their Masters House, after the Hour of Nine at Night, except on their Masters or Mistresses particular Business, or shall be seen to hunt, or carrying a Gun on the Lord's Day; the Constable or Constables of such Town or Precinct, on Information or Knowledge thereof, shall and are hereby required and directed, to apprehend and carry such Negro and Molatto Slaves before the next Justice of the Peace, who shall order such Negro or Molatto Slave or Slaves, if found Guilty, to be whipped as by the preceding Clause of this Act is directed”. Oct. 25, 1751, 3 Bush 180-181; 1 Nevill [25 Geo. II] ch.CXI, p.443-444; Allinson ch. CCXLI, p.191-192. Note: Allinson gives date as Oct.23,1751. http://njlegallib.rutgers.edu/slavery/acts/A18.html.

“Prior to the Act Concerning Slaves, even slaves carried firearms without a license, or the permission from their master. That is a clear indication that the right to keep and bear arms is a common law right for citizens”, says Marc. 

Marc Stephens also points to the following case law which reads, “New Jersey’s highest court affirmed a jury instruction that "blackmen, in contemplation of the law, are prima facie slaves, and as such are entitled to be treated as such.", Gibbons v. Morse, 7 N.J. L. 253”. 

Marc is currently preparing to file a petition for Writ of Certiorari with the United States Supreme Court in October 2016.

Marc’s motion to proceed in forma pauperis was approved by the United States Court of Appeals for the Third Circuit, which means, after 3 years of fighting in court Marc ran out of money. The court covered the filing fees, but Marc need several Amicus Curiae Briefs, which cost up to $50,000 - $100,000 each.

The Amicus Curiae Briefs, which in latin means “Friend of the Court” are used by third parties, who are not a party to the case, but have a strong interest in the matter, will submit a brief to inform the Supreme Court that the case is credible, and is of high public concern.

Marc received email from several lawyers and second amendment defenders, around the country, confirming that they would assist with providing the Amicus Curiae Briefs.

The same-sex-marriage cases at the Supreme Court brought in a record number of friend-of-the-court briefs — 148 of them, according to the court, beating the previous record of 136 in the 2013 Obamacare case.

Will the African Americans stand up for their rights and support this case?

In order to raise the funds for the briefs, Marc self-published a book titled “Facially Unconstitutional”.

In the book, Marc reveals absolutely astonishing information regarding the history of New Jersey’s legislature passing ‘stealthy laws’ to discriminate against African Americans that possessed firearms, basically turning black men and women into criminals.

The sections of the book that are simply ‘mind blowing’ is Marc Stephens’ second amendment deprivation of civil rights complaint, more specifically paragraphs 27-95, his motion for reconsideration reply brief, and his Argument in support of the appeal. All three are the most compelling legal arguments ever made in American history regarding our second amendment right.

The nail in the coffin, to firearm licensing laws around the United States, is where Marc Stephens points to the United States Supreme Court opinion, which reads: “As Representative Thaddeus Stevens is reported to have said, "[w]hen it was first proposed to free the slaves, and arm the blacks, did not half the nation tremble? McDonald v. City of Chicago, Ill., 130 S. Ct. 3020 - Supreme Court 2010 at 3081-3082. Some States formally prohibited blacks from possessing firearms. Ante, at 3038-3039 (quoting 1865 Miss. Laws p. 165, § 1, reprinted in 1 Fleming 289). Others enacted legislation prohibiting blacks from carrying firearms without a license, a restriction not imposed on whites, McDonald v. City of Chicago, Ill., 130 S. Ct. 3020 - Supreme Court 2010 at 3082”.

Again, the Fourteenth amendment reads, “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

A firearm licensing law, that is not imposed on whites, but restricts the black race from obtaining firearms, is exactly what Marc Stephens argues. It is ‘facially unconstitutional’ under the equal protection clause of the Fourteenth amendment to the United States Constitution.

Marc also points out in his complaint that the Supreme Court in Dred Scott v. Sandford (1857) stated if African Americans were considered U.S. citizens, "It would give to persons of the negro race, who were recognized as citizens in any one State of the Union, the right...to keep and carry arms wherever they went..”

Since that decision, unless you have been living under a rock, The Civil Rights Act of 1866 made blacks full U.S. citizens (and this repealed the Dred Scott decision) stating that blacks were not citizens.

Marc’s legal argument is almost certain to bring down not only New Jersey’s Firearm Laws, but firearm licensing laws in all 50 States. The only challenge is obtaining the Amicus Briefs, and getting the Supreme Court to approve his petition.  

This year, the Supreme Court, without Justice Scalia, approved the carrying of stun guns.  So, Marc has a great chance of his petition being approved.

Facially Unconstitutional is a must read from start to finish. Every U.S. citizen should support Marc Stephens by purchasing the book. You can purchase Facially Unconstitutional by Marc A. Stephens at www.marcastephens.com.

The book, which contains all of Marc’s legal briefs filed with the State, District, and Appellate court, is available for immediate download. There is also a book trailer on the website which is absolutely amazing, a must watch.