Third Circuit Court decides opinion on 2A nullifies the 5A

This from the New Jersey Attorney General:

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.

 

6 Replies to “Third Circuit Court decides opinion on 2A nullifies the 5A”

  1. I’d … prefer a choice other than Ms Hammer.

    FWIW that’s due to her attacks against people with differences of opinion on how the NRA should be run.

  2. I’d take Neil Smith or Neale Schulman for SCOTUS.

    As for what liberal judges decide, there is an easy way to analyze this. Even more than other judges, they neither know nor care what the Constitution means. Their entire judicial principle is “I waaaaaant it”. This, of course, means they are guilty of perjury, which is a felony that plainly justifies impeachment followed by removal from office, trial and conviction to a lengthy prison sentence.

  3. Ok. This is total BS, it’s true. I’m still laughing at the “trained shooter” who takes 2 to 4 seconds to change magazines. Most of us will agree, I feel sure, that if it takes longer than 1 second to swap mags, you are doing it wrong. Which is why mag limits are total BS.

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