This from the New Jersey Attorney General:
This just in: for months, individuals have been challenging NJ’s limits on large capacity magazines—a sensible law to address mass shootings. Today, the court of appeals upheld the law. Big win for public safety and law enforcement safety! pic.twitter.com/xjc5B0x9H5
— AG Gurbir Grewal (@NewJerseyOAG) December 5, 2018
From the American Bar Association Journal:
The 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,” the appeals court said.
The appeals court also said the law’s exemption for retired law enforcement officers does not violate the equal protection clause. Nor is there a violation of the takings clause, the court said, because the law allows gun owners to retain modified magazines or to register firearms that have magazines that cannot be modified.
I’m not a liberal judge so I’m not sure how this isn’t a Fifth Amendment violation.
The judge argues that that owners can “retain modified magazines or to register firearms that have magazines that cannot be modified” but she clearly doesn’t understand the law or how guns work. The registration of magazines only applies to fixed magazines that hold more than 10 rounds other than rimfire only tube magazines (like the Marlin Model 60). Modification must be permanent, such as by welding or with epoxy.
If you have a 15 round pistol max, you must either get rid of it, destroy it, or modify it to be both unreliable and without value.
That seems like a clear violation of the Fifth Amendment’s “nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”
I’m also unsure how saying “some citizens have extra rights because they used to be government employees” isn’t also a Constitutional violation.
The decision affirms a federal judge’s refusal to grant an injunction banning enforcement of the law. Five other federal appeals courts have upheld similar laws, according to the New Jersey Law Journal.
New Jersey passed its law in June, making it the ninth state to ban large-capacity magazines. The other states are California, Colorado, Connecticut, Hawaii, Maryland, Massachusetts, New York and Vermont. Washington, D.C., also has a ban.
In her majority opinion, Circuit Judge Patty Shwartz cited “substantial evidence” that large-capacity magazines have been used in numerous mass shootings. Pausing to reload gives the victims a chance to flee and bystanders the chance to intervene, Shwartz said. A trained shooter can change a magazine in two to four seconds, but an inexperienced shooter may need eight to 10 seconds to reload.
This is both wrong and goes back to the Left’s magical idea about training. Trained by who? Using what course? Any competitive shooter worth his salt is going to practice in his garage doing reloads and dry fire. Is that training? This is ridiculously stupid.
This all seems like a massive violation of the Bill of Rights, but when it comes to guns, Liberal Activist judges hate guns so much they are willing to gut any and every Amendment that gets in the way of enacting more gun bans.
I’d say this is one for SCOTUS, except SCOUTS seems to have chickened out on taking on gun rights cases.
At this point I’m done being nice.
They say death comes in threes. President George H.W. Bush just passed. I am ready for Ruth Bader Ginsburg to be part of that trifecta.
If she is, I will donate to any fund to buy Donald Trump whatever gold plated hooker he wants in order to get him to nominate Marion Hammer to the Supreme Court.
There is no point to having pro gun rights Conservatives on the Court if they are too chicken shit to hear gun rights cases.