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Posted on 12/07/2018 7:17:49 AM PST by Blood of Tyrants
A federal appeals court upheld New Jersey’s 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 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,” said the court.
“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,” it added.
“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 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 Jersey’s 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 NJ’s limits on large capacity magazines—a 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.”
“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.”
Would it be difficult for them to obtain such a warrant?
My comments re retired LEO's are made while recognizing they could cross paths on a daily basis with any number of the bad guys they arrested during their careers.
In that sense they most certainly face more potential threats than the rest of us and, practically speaking, have a greater reason to be packing than most us when they step out of the house.
But now they will have to change mags after every 10 murders instead of 15 murders. Much better.
This Ping List is for all things pertaining to the 2nd Amendment.
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Yes, you can buy 10 round mags for the Beretta 92. I live in California and mine came with two 10 rounders. But if an intruder has an outlaw high capacity weapon why can’t I have access to high capacity magazines to protect myself and my family? And the larger, unspoken, threat of despotic government forces that a free man may be forced to confront? Which is what the Second Amendment is actually about.
Hi. I hope you are doing well.
Black robed tyrants are not immune from the actions of the citizens they attempt to subjugate.
The House of Representatives neglected to use their authority to rein in these tyrants under Ryan, but the People retain the right and ability under the Second amendment.
5.56mm
Fifteen 2-round magazines! That would be OK for Jerry Miculek maybe. But me? I’m slow.
If you’re tired of playing defense, I suggest it’s time to get creative. I don’t believe we’ve lost that ability.
LoL!
Yes- I see them...thanks for the info...still not happy but I guess it's better than permanently modifying my larger mags while we wait out the Scotus ruling...
I believe the case was settled. 10 is max.
Whether or not they take it up is another matter...
Yes. Thank you.
"...10-round limit..."
It really is shocking....
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