Skip to comments.Court of Appeals Upholds New Jersey Law Banning 15-Round Mags
Posted on 12/07/2018 7:17:49 AM PST by Blood of Tyrants
A federal appeals court upheld New Jerseys magazine-capacity-limit laws, arguing 2-1 that three 10-round magazines are just as good as two 15-rounders. They said that a magazine-capacity limit does not present a burden to self-defense.
New Jersey Attorney General Gurbir Grewal favored the decision to limit gun owners to 10-round magazines. (Photo: Grewal)
Previously New Jersey residents had a magazine-capacity limit of 15 rounds, due to a law passed in 1990. The new law restricts gun owners to 10 rounds and they must modify, destroy or register any magazines capable of holding more than 10 rounds.
The law makes an exemption for active-duty members of the military and police and retired law enforcement officers, who can own and carry handguns with 15-round magazines.
New Jerseys law reasonably fits the States interest in public safety and does not unconstitutionally burden the Second Amendments right to self-defense in the home, said the court.
The law also does not violate the Fifth Amendments 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, it added.
Finally, because retired law enforcement officers have training and experience that makes them different from ordinary citizens, the laws exemption that permits them to possess magazines that can hold more than ten rounds does not violate the Fourteenth Amendments Equal Protection Clause, the court argued. See Also: New Jersey Governor Proposes $400 Carry Permits, $100 Firearm ID Cards, $50 Handgun Purchase Permits
Pro-gunners were not pleased with the ruling, naturally.
This decision is plainly wrong and upholds New Jerseys unconstitutional law turning one million honest citizens into felons for keeping property obtained legally that could be used for defending their lives, said New Jersey Rifle and Pistol Clubs executive director Scott Bach. The decision will be further appealed.
Third Circuit with a terrible ruling, said legal expert Adam Kraut. I suspect there will be a request to have this reheard en banc.
New Jersey Attorney General Gurbir Grewal celebrated the decision with a tweet. For months, individuals have been challenging NJs limits on large capacity magazinesa sensible law to address mass shootings, said Grewal. Today, the court of appeals upheld the law. Big win for public safety and law enforcement safety.
I guess 30’s and 40’s are okay.
Ok, so lets limit books to 10 pages.
“The law makes an exemption for active-duty members of the military and police and retired law enforcement officers”
Ah. Got it. The Sikh Freak Grewal thinks some pigs are more equal then others.
Sex change ok, must be paid for by the government and they must be allowed to use whatever restrooms they want but you cant have 15 round mags because were concerned about the culture.
“... three 10-round magazines are just as good as two 15-rounders.”
So, next year it’ll be...thirty 1-round mags will be “just as good as” three 10-round mags.
The courts once again making it clear that the Constitution is meaningless.
Meaningless to them.
One day they will realize that they themselves are meaningless.
If that were true then there would be no reason for LEOs or the military to have magazines larger than 10 rounds. More importantly, if a ten round magazine isn't a burden for a defender, then it isn't a burden for an attacker either. So how does it help prevent mass shootings then?
Are the judges foolish enough to think that an attacker would be "burdened" but a defender wouldn't?
"...NJ AG Gurbir Grewal..."
“arguing 2-1 that three 10-round magazines are just as good as two 15-rounders.”
Then if they are “just as good” then they will just ban the 10 rounders too.
If they are just as good then why can’t you just have a 30 round mag instead of 3 ten rounders? Up is down, down is up, inside out.
**Then if they are just as good then they will just ban the 10 rounders too.***. Thats part of the plan. The article states the counsel wants to eventuLly ban all private weapons. “ Never underestimate the power of human stupidity - Mark Twain?
any magazines capable of holding more than 10 rounds.
How illogical and dishonest, such destruction is indeed a surrender.
retired law enforcement officers have training and experience that makes them different from ordinary citizens
Such a classification fails because it is based on a false assumption. Even if true, however, it improperly supposes the subjects of NJ (ordinary citizens) either do not have such qualifications or are incapable of acquiring such qualifications.
Coming to a neighborhood near you?
iirc, ny came up with max 7. The court said they must have pulled that number out of their ....
If three 10-round magazines are just as good as two 15-rounders, then why ban 15 rounders?
They are different and need extra rounds because they can never hit their target?
So what am I supposed to do with all of my Beretta 92 mags that hold 15 rounds?
I don't think Beretta makes a modification nor do they sell 10 round mags for this gun.
Can I legally still go to my range with my 15 round mags loaded with only 10 rounds...?
Turn them in. You won't be needing them anymore. The state will protect you. Trust them.
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