Door Knock Gun Control: New Jersey Gun Confiscation Begins

Flopping Aces ^ | 12-19-18 | Daniel John Sobieski

[Starman417]

President Obama and President Trump were both right, Obama when he told us elections have consequences and Trump in his 2018 stump speech that a consequence of Democrat victories would be renewed attacks on the Second Amendment. New Jersey’s ban on high capacity magazines has been upheld by a federal court, opening the door to door knock gun confiscation and making off-duty police officers subject to criminal prosecution. The inmates are officially running the asylum.

This law is one of those “sensible restrictions” on gun ownership that liberals like to talk about but that criminals will ignore as the judge who ruled the law constitutional says that despite the asterisk put next to the Second Amendment by the court assures us there is nothing to worry about:

The law, signed by Gov. Phil Murphy in June along with five other new gun laws, gave New Jersey gun owners who currently possess the magazines in question 180 days to either surrender them, permanently modify them to only accept up to 10 rounds, or transfer them to somebody who is allowed to legally own them. The deadline is set to expire on Monday.

A lawsuit brought by the Association of New Jersey Rifle and Pistol Clubs and supported by the National Rifle Association failed on Thursday as the 3rd Circuit Court of Appeals declared the confiscation law constitutional. Any civilian caught in possession of a magazine capable of holding more than 10 rounds may be arrested and prosecuted. Possession of such magazines after the deadline will be considered a crime of the fourth degree under state law and carry up to 18 months in prison and up to $10,000 in fines or both.

Nearly all modern full-size or compact handguns and rifles sold in the United States come standard with magazines capable of holding more than 10 rounds of ammunition….

Judge Patty Shwartz, an Obama appointee, wrote for the majority that the law serves a legitimate public safety purpose….

"Today we address whether one of New Jersey's responses to the rise in active and mass shooting incidents in the United States—a law that limits the amount of ammunition that may be held in a single firearm magazine to no more than ten rounds—violates the Second Amendment, the Fifth Amendment's Takings Clause, and the Fourteenth Amendment's Equal Protection Clause," she wrote. "We conclude that it does not. New Jersey's law reasonably fits the State's interest in public safety and does not unconstitutionally burden the Second Amendment's right to self-defense in the home. The law also does not violate the Fifth Amendment's Takings Clause because it does not require gun owners to surrender their magazines but instead allows them to retain modified magazines or register firearms that have magazines that cannot be modified. Finally, because retired law enforcement officers have training and experience that makes them different from ordinary citizens, the law's exemption that permits them to possess magazines that can hold more than ten rounds does not violate the Fourteenth Amendment's Equal Protection Clause."

That’s not the opinion of Bergen County Prosecutor Dennis Calo who warns that even police officers have become instant felons under the new law:

The new law that limits gun magazines to 10 rounds went into effect on Dec. 10 without the legislature taking up the amendment to create an exception for law enforcement officers.

Modern firearms issued to patrol officers generally hold 12 or more rounds of ammunition.

That means that just about all law enforcement officers in New Jersey will be breaking the law if they carry their assigned duty weapons while off duty, including just being home with them, unless they live outside of the state or leave their magazines behind at work, rendering the weapons near-useless.

Bergen County Prosecutor Dennis Calo issued a memorandum to local police officials on Dec. 13 reminding everyone that the prohibition of the possession of large-capacity ammunition magazines also applied to off-duty law enforcement officers.

“The statute now provides that law enforcement officers are not permitted to possess large capacity ammunition magazines, i.e. magazines capable of holding more than ten (10) rounds of ammunition to be fed continuously into semi-automatic firearms, unless while on duty or traveling to or from an authorized place of duty,” the memo read.

“This statute applies to all law enforcement officers, including those subject to on-call status. Violation of this statute constitutes a fourth degree crime,” the memo continued. “There is legislation pending to amend the statute to permit law enforcement officers possession of large capacity magazines. We will keep you informed if and when the statute is amended.”

It was former New York Police Commissioner Bernard Kerik who leaked via a tweet the memo containing the warning to police while condemning the law and court ruling as “insane”:

[sauropod]

bkmk

[cuban leaf]

They still need a warrant.

[dirtboy]

The law also does not violate the Fifth Amendment's Takings Clause because it does not require gun owners to surrender their magazines

But it also does not allow them to keep the magazines. Truly Orwellian logic.

[longfellow]

So much for that fringed upon shit.

[Zathras]

They didn’t need one to spy on Trump or his staff.

[ScottinVA]

They still need a warrant.

Technically, yes. But in all reality, if they want to bash in your door, they can do it with impunity. All they need is to establish that it was "necessary" at the time.

[mad_as_he$$]

Necessary reading:

http://www.evannappen.com/knock-knock-show-us-your-glock.html

[Leep]

New Jersey Storm Troopers.
Are books next?

[oldasrocks]

All I have in here officer is belt fed weapons. No magazines at all. Their just little miniguns attached to the Huey in the back yard.

[robowombat]

It won't happen and I understand why but if the cops were fired on fifteen or twenty times they would probably find something like supporting Krispy Kreme more pressing.

[Mariner]

“opening the door to door knock gun confiscation “

Utter nonsense.

[kiryandil]

That means that just about all law enforcement officers in New Jersey will be breaking the law if they carry their assigned duty weapons while off duty, including just being home with them, unless they live outside of the state or leave their magazines behind at work, rendering the weapons near-useless.

      

[Pajamajan]

BUMP

[mrmeyer]

Until they decide they don’t

[MileHi]

... and does not unconstitutionally burden the Second Amendment's right to self-defense in the home.

I can't find that in my copy of the 2nd amendment.

...because retired law enforcement officers have training and experience that makes them different from ordinary citizens...

So they are super citizens? Many CCW people are as good or better than the average cop, both at gun handling and judgement.

[Psalm 73]

"Until they decide they don’t"

Then word gets out at the speed of electrons and knocking down doors gets real messy real quick.

[Amendment10]

First note that the congressional record indicates that Rep. John Bingham, the main author of Section 1 of the 14th Amendment (14A), had read the Bill of Rights, including the 2nd Amendment, as examples of enumerated personal protections that 14A applies to the states.

• See the 2nd Amendment (Article II) about in the middle of the 2nd column from the page in congressional record which contains Bingham’s explanation.

  From the 14th Amendment:

• "Section 1: 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 [emphasis added]; 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.”

• "Section 5: The Congress shall have power to enforce, by appropriate legislation, the provisions of this article."

So New Jersey gun confiscation is unconstitutional imo.

H O W E V E R …

In order for pro-2nd Amendment citizens to enjoy their gun rights without concern about misguided, pro-gun control activist states, citizens will first need to elect a patriot Congress in the 2020 elections that will be willing to make penal laws that discourage state actors from abridging constitutionally enumerated rights.

Remember in November 2020!

[Bonemaker]

“That means that just about all law enforcement officers in New Jersey will be breaking the law”

Don’t worry, they will get that fixed and not have an iota of a qualm about arresting law abiding citizens.

[atomic_dog]

I find it hard to believe that New Jersey has leapfrogged California on gun control but it appears it has. You will need to develop a sticker like this for your state. It has to be permanently stuck to the safe as LEOs in California have allegedly pulled the magnetic ones off and thrown them away. If they do not have a warrant make them break the safe open as the busted safe is great evidence.