NJ magazine limit ban proceeds on Heller's precedent

Discussion of Firearm Politics & Legislation. This forum is now strictly limited to discussions directly related to firearms.

Moderators: Chuck, Mustang380gal, Coordinators, Moderators

Post Reply
bignflnut
Volunteer
Volunteer
Posts: 8135
Joined: Mon Jun 30, 2008 12:14 pm
Location: Under Naybob Tinfoil Bridge
Contact:

NJ magazine limit ban proceeds on Heller's precedent

Post by bignflnut »

Back on June 13, New Jersey’s anti-gun Governor Phil Murphy signed A2761 into law. The legislation altered the state definition of “large capacity ammunition magazine”from magazines that can accept more than 15 rounds down to those that can accept more than 10. Owners of the newly prohibited magazines are required to forfeit possession of their property within 180 days, or to permanently modify their magazines to accept no more than 10 rounds.

SNIP

In his decision, Sheridan conceded that magazines with a capacity greater than 10 rounds are in “common use”and thus entitled to Second Amendment protection. However, Sheridan then proceeded, as other courts have done, to apply an infinitely malleable interest-balancing test standard to determine whether New Jersey’s infringement on the Second Amendment right is permissible.

In this vein, Sheridan concluded that the Garden State’s magazine ban should be subject to intermediate scrutiny, meaning that the policy must further an important government interest by a method substantially related to the interest. The court, acting as policy analyst, rejected testimony refuting the efficacy of magazine bans and adopted the state’s purported concerns over the criminal use of these items.

SNIP

Ironically, Sheridan may have done some of a future Supreme Court’s analysis on magazine bans for them. In his decision, the judge stated, “[m]uch of the legal history and tradition of [large capacity magazine] restrictions in the United States is relatively recent and evolving.”In his District of Columbia v. Heller opinion, Justice Antonin Scalia did not set forth an interest-balancing test for Second Amendment cases. Instead, Scalia noted that only some “longstanding”firearms restrictions were acceptable.
SNIP

The U.S. District Court for the District of New Jersey’s decision to uphold the state’s new magazine ban underscores the important role the federal judiciary plays in protecting Americans’ constitutional rights. Moreover, this stark example of the need for principled jurists on the federal bench comes at a time when Americans can make a direct impact on the courts’ future. Gun rights supporters eager for a federal judiciary that respects their rights must make their support for Judge Brett Kavanaugh’s Supreme Court nomination known to their Senators and vote on November 6 to ensure that President Donald Trump has a Senate that will confirm all of his pro-Second Amendment judicial nominees.
*emphasis added by bignflnut

Whipping up the ballot box....gotta keep the outrage meter pegged for a month...
“It’s not that we don’t have enough scoundrels to curse; it’s that we don’t have enough good men to curse them.”–G.K. Chesterton-Illustrated London News, 3-14-1908

Republicans.Hate.You. See2020.

"Avarice, ambition, revenge and licentiousness would break the strongest cords of our Constitution, as a whale goes through a net. Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other." John Adams to Mass Militia 10-11-1798
bignflnut
Volunteer
Volunteer
Posts: 8135
Joined: Mon Jun 30, 2008 12:14 pm
Location: Under Naybob Tinfoil Bridge
Contact:

Re: NJ magazine limit ban proceeds on Heller's precedent

Post by bignflnut »

Gun rights attorney and Association of New Jersey Rifle & Pistol Clubs board member Evan Nappen, Esq. has issued legal guidance on how to handle potential efforts by police to enforce the Murphy magazine ban.

Entitled “Knock! Knock! Show Us Your Glock,” the insightful guide by Nappen covers what to expect and how to protect yourself if the unthinkable happens. Click here to view the guide online. Please share this link far and wide among gun owners.

SNIP


Possession of any magazine holding over 10 rounds that works in a semi-automatic firearm is now a felony-level offense with a penalty of up to 18 months in prison. There is no “grandfather clause.” If you are convicted, you lose your gun rights for the entire United States. These standard capacity magazines, which have been turned into contraband, are commonly being called “Murphy Mags.”

There are four basic levels of potential enforcement. The question is how aggressive the anti-gun-rights Murphy administration is going to be in enforcing the Murphy Mag ban. Here are the four possibilities:

Police Raids: House-to-house searches of suspected possessors.
Police Investigations: Interrogation of suspected possessors.
Demand Letters: Intimidating official letters sent to suspected possessors.
Random Prosecutions: Randomly prosecuting anyone caught possessing.
“It’s not that we don’t have enough scoundrels to curse; it’s that we don’t have enough good men to curse them.”–G.K. Chesterton-Illustrated London News, 3-14-1908

Republicans.Hate.You. See2020.

"Avarice, ambition, revenge and licentiousness would break the strongest cords of our Constitution, as a whale goes through a net. Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other." John Adams to Mass Militia 10-11-1798
ArmedAviator
Posts: 1191
Joined: Wed Jul 18, 2012 5:59 pm
Contact:

Re: NJ magazine limit ban proceeds on Heller's precedent

Post by ArmedAviator »

If Officers are dumb enough to enforce this law, I hope the gun owners shoot first, shoot straight, and take their state back. And then fire their traitorous elected employees, the law makers, by force.
Good luck and stand fast, true Patriots.
TDwin
WestonDon
OFCC Patron Member
OFCC Patron Member
Posts: 2680
Joined: Wed Nov 02, 2011 3:30 pm
Location: Wood county

Re: NJ magazine limit ban proceeds on Heller's precedent

Post by WestonDon »

ArmedAviator wrote:If Officers are dumb enough to enforce this law, I hope the gun owners shoot first, shoot straight, and take their state back. And then fire their traitorous elected employees, the law makers, by force.
I share your outrage. Problem is said gun owners would have to do something about their friends, neighbors, relatives who elected those traitorous elected employees in the first place or they would soon be replaced by another batch of traitorous elected employees and said gun owners would all be in prison or dead.

Reeducation of the brainwashed is the key but it is probably too late.
I believe in American exceptianalism
Fear the government that fears your guns
NRA endowment life member
ArmedAviator
Posts: 1191
Joined: Wed Jul 18, 2012 5:59 pm
Contact:

Re: NJ magazine limit ban proceeds on Heller's precedent

Post by ArmedAviator »

This is a good point, Don. But despite who is voted into office, those in office should not be violating our rights or pushing laws against the Constitution. That is the root of the problem. It's not entirely a left vs. right issue.
Good luck and stand fast, true Patriots.
TDwin
WestonDon
OFCC Patron Member
OFCC Patron Member
Posts: 2680
Joined: Wed Nov 02, 2011 3:30 pm
Location: Wood county

Re: NJ magazine limit ban proceeds on Heller's precedent

Post by WestonDon »

The root of the problem could be easily solved IMHO with an iron clad definition of "infringed" from SCOTUS. Sadly Scalia made that virtually impossible with his "reasonable restrictions" comment in Heller.
I believe in American exceptianalism
Fear the government that fears your guns
NRA endowment life member
Post Reply