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Court of Appeals Upholds New Jersey Law Banning 15-Round Mags
GunsAmerica Digest ^ | 12/6/18 | Max Slowik

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.”


TOPICS: Business/Economy; Constitution/Conservatism; Crime/Corruption; Culture/Society; Government; News/Current Events; US: New Jersey
KEYWORDS: 2a; 2ndamendment; 3rdcircuit; badabing; badaboom; banglist; bob; bobmenendez; booker; cory; corybooker; gardenstate; grewal; guncontrol; gungrabbers; guns; gurbirgrewal; magazine; magazines; menendez; murphy; newjersey; nj; phil; philmurphy; rkba; secondamendment; sopranos; takingsclause; thirdcircuit; turdcircuit
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If 3-10 round mags are just as good as 2-15 round mags, why is the an exception for LEO? And does the 14th Amendment PROHIBIT different treatment of different people?
1 posted on 12/07/2018 7:17:49 AM PST by Blood of Tyrants
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To: PROCON

2A


2 posted on 12/07/2018 7:18:17 AM PST by Blood of Tyrants (Twitter is Trump's laser pointer and the DemocRats are all cats.)
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To: Blood of Tyrants

I guess 30’s and 40’s are okay.


3 posted on 12/07/2018 7:19:19 AM PST by SkyDancer ( ~ Just Consider Me A Random Fact Generator ~ Eat Sleep Fly Repeat ~)
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To: Blood of Tyrants

Ok, so lets limit books to 10 pages.


4 posted on 12/07/2018 7:19:21 AM PST by taxcontrol
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To: Blood of Tyrants

“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.


5 posted on 12/07/2018 7:21:24 AM PST by Regulator
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To: Blood of Tyrants

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 we’re concerned about the culture.

Idiots.


6 posted on 12/07/2018 7:23:53 AM PST by Skywise
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To: Blood of Tyrants

“... 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.


7 posted on 12/07/2018 7:24:24 AM PST by moovova
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To: Blood of Tyrants

The courts once again making it clear that the Constitution is meaningless.


8 posted on 12/07/2018 7:25:18 AM PST by Lurkinanloomin (Natural Born Citizen Means Born Here of Citizen Parents__Know Islam, No Peace - No Islam, Know Peace)
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To: Lurkinanloomin

Meaningless to them.

One day they will realize that they themselves are meaningless.


9 posted on 12/07/2018 7:27:11 AM PST by Olog-hai ("No Republican, no matter how liberal, is going to woo a Democratic vote." -- Ronald Reagan, 1960)
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To: Blood of Tyrants
"They said that a magazine-capacity limit does not present a burden to self-defense."

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?

10 posted on 12/07/2018 7:28:24 AM PST by freeandfreezing
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To: Blood of Tyrants

"...NJ AG Gurbir Grewal..."


It must be tough for decent gun owners living in that utter leftwinger state.

11 posted on 12/07/2018 7:30:27 AM PST by Blue Jays ( Rock hard ~ Ride free)
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To: moovova

“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.


12 posted on 12/07/2018 7:34:06 AM PST by Bonemaker (invictus maneo)
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To: Blood of Tyrants

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.


13 posted on 12/07/2018 7:35:04 AM PST by Georgia Girl 2 (The only purpose of a pistol is to fight your way back to the rifle you should never have dropped)
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To: Bonemaker

**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?


14 posted on 12/07/2018 7:41:51 AM PST by Ikeon (Sadly, the sheep just voted a wolf as the head chef in their own house. whats for dinner? mutton)
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To: Blood of Tyrants
They said that a magazine-capacity limit does not present a burden to self-defense.
Only lawyers-turned-judges with very limited real-world experience could make such a ill-informed statement and impose their view on the subjects of NJ.

…they must…destroy…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?

15 posted on 12/07/2018 7:42:08 AM PST by frog in a pot (Result of many state bailouts? Taxpayers elsewhere in America get to finance the Left's growth.)
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To: frog in a pot

iirc, ny came up with max 7. The court said they must have pulled that number out of their ....


16 posted on 12/07/2018 7:50:26 AM PST by Sacajaweau
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To: 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.

If three 10-round magazines are just as good as two 15-rounders, then why ban 15 rounders?

17 posted on 12/07/2018 7:53:21 AM PST by Yo-Yo (Is the /sarc tag really necessary?)
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To: Blood of Tyrants
because retired law enforcement officers have training and experience that makes them different from ordinary citizens

They are different and need extra rounds because they can never hit their target?

18 posted on 12/07/2018 7:53:33 AM PST by FoxInSocks ("Hope is not a course of action." -- M. O'Neal, USMC)
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To: Blood of Tyrants
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.

Can I legally still go to my range with my 15 round mags loaded with only 10 rounds...?

Probably not.

19 posted on 12/07/2018 7:58:06 AM PST by Victor (If an expert says it can't be done, get another expert." -David Ben-Gurion, the first Prime Minister)
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To: Victor
"So what am I supposed to do with all of my Beretta 92 mags that hold 15 rounds?"

Turn them in. You won't be needing them anymore. The state will protect you. Trust them.

20 posted on 12/07/2018 8:04:15 AM PST by Psalm 73 ("I will now proceed to entangle the entire area".)
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