Gun owners in NJ subject to new magazine ban starting Monday

[Elderberry]

Guns.com 12/10/2018 by Chris Eger

A ban on magazines capable of holding more than 10 cartridges is set to take effect in the Garden State this week.

Enacted in June by Democratic Gov. Phil Murphy after a multi-year push by state lawmakers, the new law reduces the legal maximum capacity of detachable magazines in the state from 15 to 10 rounds. Second Amendment advocates filed an immediate legal challenge to the ban, set to take effect in Dec. 10, but last week lost their challenge in the 3rd U.S. Circuit after a three-judge panel sided with the state.

More: https://www.guns.com/news/2018/12/10/gun-owners-in-nj-subject-to-new-magazine-ban-starting-monday

[Elderberry]

New Jersey Attorney General Gurbir Grewal characterized the ruling as a “Big win for public safety and law enforcement safety!” that upheld what he labeled a sensible law. Those found guilty of possession of a banned magazine could face as much as 18 months in prison, a fine of $10,000 per mag, and a conviction that could result in a lifetime nationwide firearms ban.

[Elderberry]

Ammoland Inc. Posted on December 7, 2018 by Dean Weingarten

https://www.ammoland.com/2018/12/third-circuit-second-amendment-is-a-second-rate-right/#axzz5ZRHDN53O

Third Circuit: Second Amendment is a Second Rate Right

In a split decision, a three judge panel at the Third Circuit Court of Appeals effectively ruled the Second Amendment of the Bill of Rights is a second-rate right, not entitled to the full protections of other enumerated rights.  The opinion was filed on 5 December, 2018. The case is Association of New Jersey Rifle and Pistol Clubs, Inc. v. Attorney General New Jersey, No. 18-3170 (3rd Cir. 2018).

The two majority judges followed the trend of other Circuits where the Second Amendment is being degraded and reduced to second-rate status.  Only a month ago, the First Circuit ruled the Second Amendment does not apply outside of the home.

The rogue Circuits are able to do this because the Supreme Court has been refusing to hear Second Amendment cases for nearly a decade.  The Supreme Court only hears a limited number of cases. They are not required to hear all cases.

Some Circuit courts are gutting the Second Amendment by claiming it is not really a right. Rather, they say, it is a privilege the government may regulate if the government thinks it might do some good to regulate it.  These Jurists seem embarrassed by the Second Amendment. They seem to believe their job is to limit it as much as possible, rather than to protect it as a fundamental right.

Judge Stephano Bibas wrote the dissenting opinion in the Third Circuit ruling. He is an outstanding jurist who was appointed by President Trump.  At only 49 years old, he is already the 15th most cited jurist by the Supreme Court. His resume is impressive. It is easy to see why President Trump chose to appoint him. His dissent runs to 19 pages. The first four paragraphs eviscerates the majority decision. From uscourts.gov:

    The Second Amendment is an equal part of the Bill of Rights. We must treat the right to keep and bear arms like other enumerated rights, as the Supreme Court insisted in Heller. We may not water it down and balance it away based on our own sense of wise policy. 554 U.S. at 634-35.

    Yet the majority treats the Second Amendment differently in two ways. First, it weighs the merits of the case to pick a tier of scrutiny. That puts the cart before the horse. For all other rights, we pick a tier of scrutiny based only on whether the law impairs the core right. The Second Amendment’s core is the right to keep weapons for defending oneself and one’s family in one’s home. The majority agrees that this is the core. So whenever a law impairs that core right, we should apply strict scrutiny, period. That is the case here.

[Frank Cannon]

If anyone is not aware, NJ is more gun unfriendly than MA and Cali. Always has. Always will.

[Jazzhead]

Doesn't the real conundrum lie in the fact that NJ already regulates magazines and requires them to hold no more than 15 rounds?   If that's a lawful regulation,  why is it Constitutionally suspect when 15 is reduced to 10?   

[thackney]

Doesn't the real conundrum lie in the fact that NJ already regulates magazines and requires them to hold no more than 15 rounds?   If that's a lawful regulation,  why is it Constitutionally suspect when 15 is reduced to 10?   

Hey, then why not reduce it to one round and take away the concerns of semi-auto?

[rangerrebew]

NJ State Police to launch Nazi-style door-to-door gun magazine confiscation campaign… at gunpoint, of course… NJ declares WAR on its own residents

Wednesday, December 12, 2018 by: Mike Adams   
 

(Natural News) A New Jersey law that makes it a felony to possess a gun magazine capable of holding over 10 rounds of ammunition is now active. This wildly unconstitutional law instantly criminalizes hundreds of thousands of New Jersey citizens who legally acquired normal capacity firearms magazines — which include 17-round pistol magazines and 30-round rifle magazines — as tools of self-defense against the very same violent criminals that are protected by the Democrats who passed the gun magazine ban.

Now, the New Jersey State Police have told Breitbart News they won’t rule out “house-to-house enforcement” of the new magazine ban, meaning they plan to conduct house-to-house arrests and gun magazine confiscations. These Nazi-style anti-gun operations will, of course, be carried out at gunpoint, further underscoring the entire purpose of the Second Amendment and the need for citizens to arm themselves with 30-round magazines to defend against government tyranny.

https://www.naturalnews.com/2018-12-12-nj-state-police-to-launch-nazi-style-door-to-door-gun-magazine-confiscation-campaign-at-gunpoint.html

[Restored]

They'll find mine next to the Jewish family behind the false wall in the attic.

[GrouchoTex]

Andrew Wilcow was just talking about this topic on his radio show.

[Wingnut]

Natural News much?

[Frank Cannon]

If you read the source article the police told Breitbart to pound sand at the question. They didn't say they were going door to door.

[Gefn]

Thanks for posting

[Mod2]

Threads merged.

[andy58-in-nh]

Another stupid law, motivated by fear and ignorance.

Such laws tend to harm the innocent, while encouraging the criminal class to either (a) commit more crimes, (b) run for public office, or as had occurred in states like New Jersey and Illionois, both.   

[Axeslinger]

Those found guilty of possession of a banned magazine could face as much as 18 months in prison, a fine of $10,000 per mag, and a conviction that could result in a lifetime nationwide firearms ban.

Leaving aside the “how ya gonna enforce it” I don’t think they’ve thought this thru real well.   

At a certain point the amount of jail time that a person faces for this will be equal or greater to the amount of jail time for eliminating the source of the law itself...so what would there be to lose?

[mirraflake]

Just hide them in the house or out in the garage.. eazypeasy

[DB]

Air drop millions of them around the state making everyone criminals that has one on their property...

Lefties are afraid of the stupidest things.

[Elderberry]

Gun Owners Don't Seem Eager to Comply With New Jersey's New Magazine Ban

Reason.com Jacob Sullum|Dec. 20, 2018

Police officers, who can now charge people who own 15-round magazines with a felony, were outraged when it looked like they might receive equal treatment.

Thanks to a December 5 ruling by the U.S. Court of Appeals for the 3rd Circuit, New Jersey's ban on gun magazines that hold more than 10 rounds took effect on December 10. By that date, all owners of heretofore legal "large capacity magazines" (LCMs) were required to surrender them to police, render them inoperable, modify them so they cannot hold more than 10 rounds, or sell them to authorized owners. Those who failed to do so are guilty of a fourth-degree felony, punishable by a maximum fine of $10,000 and up to 18 months in prison.

How many of New Jersey's 1 million or so gun owners have complied with the ban by turning LCMs in to law enforcement agencies? Approximately zero, judging from an investigation by Ammoland writer John Crump. Crump, an NRA instructor and gun rights activist, "reached out to several local police departments in New Jersey" and found that "none had a single report of magazines turned over." He also contacted the New Jersey State Police, which has not officially responded to his inquiry. But "two sources from within the State Police," speaking on condition of anonymity, said "they both do not know of any magazines turned over to their agency and doubted that any were turned in."

Former NYPD Commissioner Bernard Kerik is outraged by New Jersey's "crazy" magazine ban, but only because he worries that it could be enforced against off-duty police officers. The original version of the law included an exemption for "any law enforcement officer while actually on duty or traveling to or from an authorized place of duty," who was allowed to have a magazine holding up to 15 rounds. An amended version that Gov. Phil Murphy is expected to sign soon extends that exemption to officers who are off duty.

On Twitter last Friday, Kerik complained that Murphy "is endangering the life of every off duty NJ cop! Gang bangers, drug thugs and really bad guys don't give a damn about magazine capacity...So he takes the good guy's ammunition, and the bad guys are loaded for bear!" Last Sunday on Fox News, Kerik vented some more. "You're taking the ability away from the cops to possess the rounds they may need in a gun battle," he said. "That's insane."

More at link above

[Wingnut]

 I walked into the gas Station on Main Street to get me a bottle water. When I walked up and noticed 2 cops watching a woman who was smoking while pumping gas. I saw her & thought, is this lady stupid or what? With the cops right there too…! Wow!
Anyway, I went inside and got my drink. As I was checking out, I heard someone SCREAMING… I looked out the window, the woman's arm was on FIRE! She was swinging her arm, running around going CRAZY! When I ran outside, the cops had put her on the ground and were putting the fire out with their coffees. Then they put handcuffs on her and threw her in the police car. I was thinking, really? She should be in an ambulance, handcuffed, but being the nosey person that I am, I asked the cops what they were arresting her for and the cop looked me square in the eyes, said," WAVING A FIRE ARM!!!”