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.
Everyone should just claim to be a retired police officer.
Just like men claiming to be women; women claiming to be men; whites claiming to be black; political oligarchs claiming to be indigenous Americans - Proven science.
"...Can I legally still go to my range with 15-round mags loaded with only 10 cartridges..."
It appears as though most states doing this type of thing carve out exceptions for ‘retire LE’ and ‘active duty military’.
Many retired military have more experience, not only with a variety of platforms, but with ROE and use of deadly force.
One can only assume the politicians perceive us to be potential irritants in the future, as they work to disarm us. They’re right.
“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 Amendment’s Equal Protection Clause,” the court argued.
2. I might have missed something, during all 1,000+ times that I read the 2nd Amendment, but I’m pretty sure that there is no “training and experience” requirement that modifies the “shall not be infringed” clause in the 2nd.
“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.”
I left NJ 18 years ago this month. The furniture, books, etc. went with the movers, but my guns, ammo, etc. went with my wife and I (we’d been married for about 18 months at that point, and she didn’t know much about guns other than that I had them). As we passed the “Welcome to Delaware” sign on the Delaware Memorial Bridge, I turned to my wife and said, “Now that we’re over the state line, you don’t have to worry about bailing me out of prison.” Her jaw dropped, and she asked me why. I explained the NJ law against magazines that were “too big.” She then asked me how many I had. I told her, “Well, about 18 inches behind my ass is roughly 200 years worth in Rahway State Prison.” She turned white as a sheet and didn’t say anything for about 30 seconds (which, I promise you, is very uncharacteristic of her). She then asked if there were laws like that in Texas, to which I replied, “No, Texas is in America.” I didn’t even mention the roughly 1,000 rounds of hollow point ammo that was also in the back of the vehicle...I’m pretty sure that she’d have stroked out on me if I had told her that those were worth a nice couple thousand years in the Graybar Hotel. :>)
FYI, I went there a couple summers back for a family reunion, to visit a few friends and tour NYC with the wife and kids. I brought along a Smith J-frame, as it was legal in every state along the way except Maryland and NJ. I unloaded it and buried it and the ammo under a bunch of suitcases while in those states, but I’m very well aware that I broke NJ law by bringing in a handgun and the ammo...and I simply didn’t (and don’t) give a damn. They’d have also had to violate the 4th Amendment to get to the gun and ammo, and I’d have had a nice lawsuit for deprivation of rights under color of law (but, make no mistake, I was happier to just be left alone).
Sad to hear that NJ is becoming an even worse shithole than when I left. It seems like the only worthwhile thing there is the orchards and the roadside farm stands.
“So what am I supposed to do with all of my Beretta 92 mags that hold 15 rounds?”
They should have known they would need to appeal this and I believe they do.
We need a court decision from SCOTUS
or a Federal Law blocking the states and local jurisdictions from incrementally killing the Second Amendment by a bridging it continually like this.
No, strike that. The note should indicate that you identify as a retired black, female, lesbian police officer.
Seriously, don’t get caught with those mags anywhere in the state. I lived with dozens of 20- and 30-round AR, Ruger Mini-14 and SKS mags for about 10 years before moving out. Heck, I BOUGHT them (in Pennsylvania and mail-ordered to my job in NYC!) during the ban and brought them in. Keep it for an emergency...or sell it to someone who actually lives in the United States one day when you travel outside of the Peoples Democratic Republik of Neu Joisey.
Ex Post Facto “Law”.
Not allowed in the United States of America.
“and they must modify, destroy or register any magazines capable of holding more than 10 rounds.”
They can’t be taken anywhere to be modified or even turned in, the new law made transporting them illegal, and that was effective immediately, not Dec. 10th. So unless you destroy them at home you’re stuck with them. And the registration exemption only applies to guns with magazines that can’t be modified or replaced with 10 round magazines, very few guns fit that category.
Seal them in a box addressed to a friend living in a State where they are legal. Next, apply US postage stamps on the box and place it on your shelf. Now they need a federal warrant to open the box.
“The courts once again making it clear that the Constitution is meaningless.”
The 3rd circuit was about to flip with the pending nomination of Trump pick Paul Matey but guess who put that on hold, Senator Fake. That traitor can’t make his exit soon enough.
How about 15 one round mags?/s
Here’s a guy changing mags in .51 seconds. That’s POINT 51 seconds.
With practice I guess even 5 round mags would be okay, assuming you don’t mind loading/carrying a bunch of mags.
https://www.youtube.com/watch?v=BJhXpukUV_Y
Of course we all know laws limiting number of rounds per mag violate the 2A. What part of “... shall not be infiringed.” do these idiots not understand?
Yep.
Finally, because blue people have experience that makes them different from ordinary red people, the laws exemption that permits them to retain free speech does not violate the Fourteenth Amendments Equal Protection Clause, the court argued.
Almost every law has exceptions. Maybe it’s in there someplace.
10 round mags for the Beretta 92 all over the place.
It does if what you are defending your self from is tyrannical government - you know, the underlying purpose in prohibiting government from infringing the right to keep and bear arms.
“I live in NJ...
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.”
This site has a guide posted right on its homepage in regards to the new law.
Orchards and roadside farm stands are also available in the rest of America so hopefully you're no missing out on much.
I hope to be out of the People's Socialist Democratic Republic of MD in the near future, it's becoming too much like NJ, NY and the rest of the northeast.
Thank goodness that those who commit mass shootings will obey THIS law, while ignoring the laws against murder!!!
Your keen insight into the criminal mind is clearly what qualifies you for the AG position, Mr G!
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