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Split 3rd Circuit Upholds NJ's Ban on Large-Capacity Gun Magazines
New Jersey Law Journal ^ | December 05, 2018 | Charles Toutant

Posted on 12/05/2018 2:25:23 PM PST by ScottfromNJ

Split 3rd Circuit Upholds NJ's Ban on Large-Capacity Gun Magazines

The U.S. Court of Appeals for the Third Circuit has rejected a challenge to New Jersey’s ban on firearm magazines holding more than 10 rounds.

The appeals court, by a 2-1 margin, said the law limiting high-capacity magazines does not violate the Second Amendment, the Fifth Amendment’s Takings Clause or the Fourteenth Amendment’s Equal Protection Clause. The court affirmed an order from the U.S. District Court that denied challengers’ motion to preliminarily enjoin enforcement of the law.

Judges Joseph Greenaway Jr. and Patty Shwartz ruled to affirm the lower court. Judge Stephanos Bibas, in a 19-page dissenting opinion, called for the granting an injunction against enforcement while the state makes its argument that its ban can prevent harm from mass shootings.

Bibas said the majority erred because laws that impair self-defense in the home warrant strict scrutiny, not intermediate scrutiny as the other judges selected. And the law fails the strict scrutiny test, Bibas said.

Bibas also said that even under intermediate scrutiny, the law fails under the record of the case. Intermediate scrutiny “requires more concrete and specific proof before the government may restrict any constitutional right, period,” Bibas said.


TOPICS: Constitution/Conservatism; Front Page News; News/Current Events; US: New Jersey
KEYWORDS: 14thamendment; 2ndamendment; 3rdcircuit; 3rdcircus; 5thamendment; abortion; bammybeharjudge; banglist; blackrobedclown; brettkavanaugh; clownbammyjudge; dncjudicialactivist; equalprotection; fedjudgepresident; fifthamendment; fourteenthamendment; freislerism; guns; jailforjudges; josephgreenawayjr; juckthefudge; maga; newjersey; nra; pattyshwartz; rapinbilljudge; rolandfreislerseal; scotus; secondamendment; skidmarkjudge; stephanosbibas; takingsclause; thelawisinmymouth; theskidmarkjudge; thirdcircuit; thirdcircus; unfitforthebench
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ANJRPC plans to appeal, likely headed to SCOTUS.
1 posted on 12/05/2018 2:25:23 PM PST by ScottfromNJ
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To: ScottfromNJ
Bibas said the majority erred because laws that impair self-defense in the home warrant strict scrutiny, not intermediate scrutiny as the other judges selected.

I am of the opinion that ANY law that reduces, restricts or otherwise infringes on liberty, but especially any of the Bill of Rights "rights" - should require strict scrutiny.

2 posted on 12/05/2018 2:29:41 PM PST by taxcontrol
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To: ScottfromNJ

Might be too soon. I don’t know if SCOTUS can be trusted. Specifically, I don’t know if ROBERTS can be trusted.

We need to replace one more liberal. Then we are in position to put the hammer down hard on magazine bans.


3 posted on 12/05/2018 2:31:21 PM PST by JamesP81 (The Democrat Party is a criminal organization.)
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To: ScottfromNJ

With little training a person can swap a magazine in under 10 second and with some practice it can be knocked down to under 5 seconds. Imagine the carnage one could do with a couple dozen stripper clips and a M1


4 posted on 12/05/2018 2:33:15 PM PST by LukeL
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To: ScottfromNJ

I wonder what the black market price of 40rd. mags will go for?


5 posted on 12/05/2018 2:37:03 PM PST by SkyDancer ( ~ Just Consider Me A Random Fact Generator ~ Eat Sleep Fly Repeat ~)
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To: LukeL

“With little training a person can swap a magazine in under 10 second and with some practice it can be knocked down to under 5 seconds.”

With even less training I can borrow one of my husband’s AR-type rifles and use one of his 50rd magazines.

New Jersey, the Democrats, and their flaccid laws be damned.


6 posted on 12/05/2018 2:39:27 PM PST by MeganC (There is nothing feminine about feminism.)
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To: LukeL

I understand the Florida school shooter used 10 round mags. Put the lie to all this mag ban BS being spread.


7 posted on 12/05/2018 2:39:36 PM PST by MileHi (Liberalism is an ideology of parasites, hypocrites, grievance mongers, victims, and control freaks.)
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To: ScottfromNJ

Two Obamaites and a Constitutionalist appointed by President Trump.

Anyone care to guess which ones were which?


8 posted on 12/05/2018 2:43:11 PM PST by TexasGurl24
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To: LukeL

That’s not the point.

I shouldn’t have to break statutory law to exercise my civil rights. Now if that’s how it’s gotta be, well that’d be unfortunate.

As far as the ignorant lib argument about preventing mass shootings...any weapon will perform well when your victims are defenseless. Against helpless victims a percussion cap muzzle loader and a bayonet would be very effective.

We need 30 round mags to defend ourselves against criminals who are not helpless.


9 posted on 12/05/2018 2:49:11 PM PST by JamesP81 (The Democrat Party is a criminal organization.)
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To: LukeL

Imagine being attacked with lethal force.
For 5-10 seconds - count ‘ em! - while fiddling with something mechanical.
Then do it again a few seconds later.
Think you might end up dead during that 10-20 second useless period?

I’ll stick to 30 round mags.
I’ll get some 100 rounders while I can.
And I’ll consider an enemy anyone who would ruin my life for owning them.


10 posted on 12/05/2018 2:59:50 PM PST by ctdonath2 (The Red Queen wasn't kidding.)
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To: ctdonath2

I guess we’ll have to go back to belt fed weapons.


11 posted on 12/05/2018 3:07:48 PM PST by oldasrocks (rump)
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To: LukeL

Where do stripper clips fit in an M1? Or even an M1 carbine?

M1 Garands take en bloc eight-round clips, not stripper clips just in case you’re ever going to get one.


12 posted on 12/05/2018 3:12:22 PM PST by Chainmail (A simple rule of life: if you can be blamed, you're responsible.)
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To: TexasGurl24

“Two Obamaites and a Constitutionalist appointed by President Trump.

Anyone care to guess which ones were which?”

The 3rd circuit was recently on the verge of flipping with the pending nomination of Trump pick Paul Matey but thanks to the delay tactic of Senator Fake, he’s still not on the court as the appeal moves through. Could’ve been a difference maker. Looks like now we”ll be waiting on what SCOTUS does.


13 posted on 12/05/2018 3:15:09 PM PST by ScottfromNJ
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To: ScottfromNJ
It looks like John "They Got Somethin On Me!" Roberts was TOTALLY right about non-partisan "judges".

Joseph Greenaway Jr: a Rapin Bill/ClownBammy judge ruling against gun rights

Patty Shwartz: A ClownBammy judge ruling against gun rights

Stephanos Bibas: A President Trump judge ruling for gun rights

TOTALLY unexpected.  face with tears of joy face with tears of joy face with tears of joy

It's almost like two Fascist authoritarian DemoKKKrat "judges" voted against a Republican judge, but of course, that's IMPOSSIBLE, according to John "They're Blackmailing Me!" Roberts...

14 posted on 12/05/2018 3:15:25 PM PST by kiryandil (Never pick a fight with an angry beehive)
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To: oldasrocks

Yes, every home has a right to a SAW.


15 posted on 12/05/2018 3:22:16 PM PST by ctdonath2 (The Red Queen wasn't kidding.)
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To: Chainmail

I was waiting for the technical argument to come in.


16 posted on 12/05/2018 3:28:37 PM PST by LukeL
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To: ScottfromNJ
Tell it to the Sopranos!😜
17 posted on 12/05/2018 3:36:04 PM PST by miserare ( Indict Hillary!)
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To: ScottfromNJ
The appeals court, by a 2-1 margin, said the law limiting high-capacity magazines does not violate the Second Amendment, ...

If that's true then why not make the limit one round instead of ten?

18 posted on 12/05/2018 4:23:17 PM PST by TigersEye (This is the age of the death of reason.)
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To: ScottfromNJ

Looks like they are forcing folks to go to 1911 45ACP pistols whose mags only hold 7 rounds. It seems to me that one hit from a 45ACP slug is about 3 times more damaging than a 9mm and maybe twice as damaging than a 40 S&W.


19 posted on 12/05/2018 4:28:49 PM PST by antidemoncrat
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To: ScottfromNJ; TexasGurl24

Now, now, everyone....didn’t you get the memo? There are no Obama judges or Trump judges.


20 posted on 12/05/2018 4:42:05 PM PST by DoodleBob
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