Posted on 12/19/2018 9:51:02 AM PST by 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.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: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."
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.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”: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.”
(Excerpt) Read more at Floppingaces.net...
Dead cops
So far, judges are still pretty good at throwing out any evidence that is acquired via an illegal search. Even if said evidence nails you.
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And cops are real good at lying about what may have occurred... They smelled marijuana... You said “yes” to a search... The traffic stop was for you crossing the yellow line... That gun was out in the open...
No, facetious. I know a sort of armed resistance won’t happen
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I’d be happy if and when they try to enforce this law if the police start losing business and personal assets ,, police cars burned , police officers homes burned , burn 20 or more personal vehicles in the lot at the police station... make it impossible to insure their belongings and strip them of them REPEATEDLY. It’s no more extreme than jailing someone for decades because they bought a Baretta 15 years ago and stripping them of their assets and future employment with the legal system.
“But in all reality, if they want to bash in your door, they can do it with impunity.”
Reality suggests otherwise. Here’s a recent incident of “they can do it with impunity.”
Gunman identified in SC shooting that left 1 officer dead, 11 wounded
Let’s see how New Jersey makes out with this one. They can pass a law, but if they cannot enforce it, what good is it?
Love to know the compliance rate.
Don't be too sure about that.
They can have my flintlock boarding pistol when they pry it from my cold dead fingers...
My question is: what will become of this equipment? Dump it? EPA will disallow. Steal it and sell it on ebay? Trade it off for cool stuff from ither states.
Back in the 70s there was a bust in New York where people involed with dumping off-shore were hand selecting the good stuff for there own use or resale to whomever.
Kozak.
Great name....
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