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Federal appeals court upholds New Jersey's law limiting gun magazine capacity


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#1 Sweeper13

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Posted 05 December 2018 - 10:10 PM

Here we go,,,,2 links, not sure whats working. Lock if this is someplace else or started already...Thanks

 

The judges...

 

Schwarz...Obama

Greenaway Jr....Obama

Bibas...Trump ( of course dissent.)

 

https://www.washingt...rseys-law-limi/

 

 

https://www.nbcnews....ng-high-n944636

 

 

The ruling: Go to page 18 on Bibas 4 paragraph simple dissent.  In the pages before is where he rips NJ and majority on scutinty and how they treat the Heller & McDonald decisions.

 

https://www2.ca3.usc...rch/183170p.pdf

 

 

The original case Oct1 2018. Turning down a bid for injunctive relief, U.S. District Judge Peter Sheridan (GW Bush) concluded that the new law is “reasonably tailored” to curtail mass shootings and “passes constitutional muster.”

 

https://www.courthou...t-court-hurdle/


Edited by Sweeper13, 05 December 2018 - 10:50 PM.


#2 tchostler

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Posted 05 December 2018 - 10:30 PM

guess where they will try this, and others.



#3 chislinger

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Posted 05 December 2018 - 10:34 PM

Will the SCOTUS ever hear one of these cases?
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#4 tchostler

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Posted 05 December 2018 - 11:01 PM

eventually, but could be a lot of damage done in the mean time.



#5 Flynn

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Posted 05 December 2018 - 11:38 PM

Will the SCOTUS ever hear one of these cases?

 

My hope is sooner than later, the fact that these liberal-leaning courts continue to flat out ignore Heller's intent needs to be stopped.  This is a limited scope case so it might actually be something the SCOTUS might tackle, but I would prefer a broader scope case.

 

The fact that they always exempt police and military essentially proves they know full well it diminishes the ability to exercise proper levels of self-defense that alone should be enough to find it infringing on the 2nd.


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#6 soylentgreen

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Posted 06 December 2018 - 11:44 AM

 

The fact that they always exempt police and military essentially proves they know full well it diminishes the ability to exercise proper levels of self-defense that alone should be enough to find it infringing on the 2nd.

 

 

I think this is a salient point. Police, in the performance of their duties, are exempt from certain laws...such as drug possession. But, they're not allowed to possess drugs in their personal lives. Why should they be allowed to own personal weapons that no one else can own? That makes zero sense.

 

We really could use some wins in court right now considering the flurry of new felons JB and Madigan plan to create out of a million or so law abiding citizens.



#7 357

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Posted 11 December 2018 - 03:31 PM

The 10 round low capacity limit is unconstitutional and was imposed on people by Bloomberg and his paid politiscians and needs to be struck down like the soda tax. Why doesn't he impose a limit on his bodyguards? If it was adequate for self defense, police would be carrying 10 round low capacity magazines but they carry 46 rounds or as much as possible and have shot 84 rounds and only hit the target once.

https://www.huffingt...4b093be51bbb978
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#8 soundguy

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Posted 11 December 2018 - 08:36 PM

The 10 round low capacity limit is unconstitutional and was imposed on people by Bloomberg and his paid politiscians and needs to be struck down like the soda tax. Why doesn't he impose a limit on his bodyguards? If it was adequate for self defense, police would be carrying 10 round low capacity magazines but they carry 46 rounds or as much as possible and have shot 84 rounds and only hit the target once.

https://www.huffingt...4b093be51bbb978

 

If the limit for everyone was 10 rounds, there wouldn't be a limit.


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#9 357

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Posted 11 December 2018 - 09:35 PM

The 10 round low capacity limit is unconstitutional and was imposed on people by Bloomberg and his paid politiscians and needs to be struck down like the soda tax. Why doesn't he impose a limit on his bodyguards? If it was adequate for self defense, police would be carrying 10 round low capacity magazines but they carry 46 rounds or as much as possible and have shot 84 rounds and only hit the target once.https://www.huffingt...4b093be51bbb978

 
If the limit for everyone was 10 rounds, there wouldn't be a limit.

So you're saying there should be a 10 round limit for everyone?
If Tyranny and Oppression come to this land, it will be in the guise of fighting a foreign enemy.
James Madison

"The only thing necessary for the triumph of evil is that good men do nothing"
Edmund Burke

"During times of universal deceit, telling the truth becomes a revolutionary act"
George Orwell

"People willing to trade their freedom for temporary security deserve neither and will loose both"
Benjamin Franklin

#10 soundguy

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Posted 12 December 2018 - 05:16 AM

 

 

The 10 round low capacity limit is unconstitutional and was imposed on people by Bloomberg and his paid politiscians and needs to be struck down like the soda tax. Why doesn't he impose a limit on his bodyguards? If it was adequate for self defense, police would be carrying 10 round low capacity magazines but they carry 46 rounds or as much as possible and have shot 84 rounds and only hit the target once.https://www.huffingt...4b093be51bbb978

 
If the limit for everyone was 10 rounds, there wouldn't be a limit.

So you're saying there should be a 10 round limit for everyone?

 

 

No.

If there is any magazine restriction for us, it should extend to cops, security and military... no exemptions for anyone.

If it's good for one, it's good for all.

 

The "exempt" classes would scream.


Edited by soundguy, 12 December 2018 - 05:17 AM.

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#11 mauserme

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Posted 12 December 2018 - 06:01 AM

No.
If there is any magazine restriction for us, it should extend to cops, security and military... no exemptions for anyone.
If it's good for one, it's good for all.
 
The "exempt" classes would scream.


Maybe,since the exempt classes possess magazines as a condition of employment their employer,  the government, should restrict only their magazine capacity.  Their rights, after all, are not involved while engaged in their job duties and they can do this without legislation.

 

Then they can properly leave our rights untouched, as they should,


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#12 soundguy

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Posted 12 December 2018 - 06:11 AM

 

No.
If there is any magazine restriction for us, it should extend to cops, security and military... no exemptions for anyone.
If it's good for one, it's good for all.
 
The "exempt" classes would scream.


Maybe,since the exempt classes possess magazines as a condition of employment their employer,  the government, should restrict only their magazine capacity.  Their rights, after all, are not involved while engaged in their job duties and they can do this without legislation.

 

Then they can properly leave our rights untouched, as they should,

 

 

I'd go with that!


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#13 Raw Power

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Posted 13 December 2018 - 09:31 AM

 

No.
If there is any magazine restriction for us, it should extend to cops, security and military... no exemptions for anyone.
If it's good for one, it's good for all.
 
The "exempt" classes would scream.


Maybe,since the exempt classes possess magazines as a condition of employment their employer,  the government, should restrict only their magazine capacity.  Their rights, after all, are not involved while engaged in their job duties and they can do this without legislation.

 

Then they can properly leave our rights untouched, as they should,

 

 

This x10,000



#14 Sal Bandini

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Posted 13 December 2018 - 10:56 AM

 

 

The 10 round low capacity limit is unconstitutional and was imposed on people by Bloomberg and his paid politiscians and needs to be struck down like the soda tax. Why doesn't he impose a limit on his bodyguards? If it was adequate for self defense, police would be carrying 10 round low capacity magazines but they carry 46 rounds or as much as possible and have shot 84 rounds and only hit the target once.https://www.huffingt...4b093be51bbb978

 
If the limit for everyone was 10 rounds, there wouldn't be a limit.

So you're saying there should be a 10 round limit for everyone?

 

No, another way of putting it is without exemptions, Obamacare and social security would not exist.



#15 357

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Posted 13 December 2018 - 11:17 AM

[quote name="Sal Bandini" post="1185676" timestamp="1544720185"][quote name="357" post="1185514" timestamp="1544585759"]
[quote name="soundguy" post="1185511" timestamp="1544582170"]
[quote name="357" post="1185486" timestamp="1544563870"]
The 10 round low capacity limit is unconstitutional and was imposed on people by Bloomberg and his paid politiscians and needs to be struck down like the soda tax. Why doesn't he impose a limit on his bodyguards? If it was adequate for self defense, police would be carrying 10 round low capacity magazines but they carry 46 rounds or as much as possible and have shot 84 rounds and only hit the target once.https://www.huffingt...4b093be51bbb978
[/quote]
 
If the limit for everyone was 10 rounds, there wouldn't be a limit.[/quote]

So you're saying there should be a 10 round limit for everyone?
[/quote]
No, another way of putting it is without exemptions, Obamacare and social security would not exist.[/quote]

Obamacare and social security are not Constitutional rights.
If Tyranny and Oppression come to this land, it will be in the guise of fighting a foreign enemy.
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"The only thing necessary for the triumph of evil is that good men do nothing"
Edmund Burke

"During times of universal deceit, telling the truth becomes a revolutionary act"
George Orwell

"People willing to trade their freedom for temporary security deserve neither and will loose both"
Benjamin Franklin

#16 Sal Bandini

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Posted 13 December 2018 - 11:17 AM

^^^ I never said they were. I was explaining soundguy's statement with other examples.



#17 soundguy

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Posted 16 December 2018 - 10:29 AM

I noticed this at SCC this morning:
 

A new gun law went into effect in New Jersey that makes it illegal for law enforcement to carry duty weapons off-duty.

Trenton, NJ – The new law that limits gun magazines to 10 rounds went into effect on Dec. 10 without the legislature taking up the amendment to create an exception for law enforcement officers.

 

I kinda hope it sticks!


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#18 357

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Posted 16 December 2018 - 03:44 PM

I noticed this at SCC this morning:
 

A new gun law went into effect in New Jersey that makes it illegal for law enforcement to carry duty weapons off-duty.Trenton, NJ The new law that limits gun magazines to 10 rounds went into effect on Dec. 10 without the legislature taking up the amendment to create an exception for law enforcement officers.

 
I kinda hope it sticks!

Bloomberg is writing gun laws and changing gun definitions. Even police are supposed to follow his 10 round low capacity limit now.

https://www.nj.com/p...acity_maga.html
If Tyranny and Oppression come to this land, it will be in the guise of fighting a foreign enemy.
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"The only thing necessary for the triumph of evil is that good men do nothing"
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George Orwell

"People willing to trade their freedom for temporary security deserve neither and will loose both"
Benjamin Franklin

#19 Flynn

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Posted 16 December 2018 - 03:49 PM

Bloomberg is writing gun laws and changing gun definitions. Even police are supposed to follow his 10 round low capacity limit now.

 

...."and they need to be able to protect themselves and the community, even if they're off-duty,"

 

So they are essentially admitting that limiting magazine capacity diminishes one's ability to properly defend themselves, that admission and fact alone should be enough to declare any of these laws unconstitutional as it clearly 'infringes' upon the right enumerated in 2nd.


Edited by Flynn, 16 December 2018 - 03:50 PM.

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#20 357

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Posted 16 December 2018 - 06:28 PM

Bloomberg is writing gun laws and changing gun definitions. Even police are supposed to follow his 10 round low capacity limit now.

 
...."and they need to be able to protect themselves and the community, even if they're off-duty,"[/size]
 
So they are essentially admitting that limiting magazine capacity diminishes one's ability to properly defend themselves, that admission and fact alone should be enough to declare any of these laws unconstitutional as it clearly 'infringes' upon the right enumerated in 2nd.[/size]

Bloomberg is on the record saying anything other than a bolt action or single action is an "assault weapon" and 2 shots is all we need and all these laws are steps in that direction.

Who this guy thinks he is king of the USA to impose his will on the American people?

He has also imposed soda taxes on the people all over the country including Cook county and continues to do so even though courts have struck down his bought laws.

Courts should strike down his anti 2nd amendment crusade laws too which are much worse and are turning millions of people into felons and stripping them of their Constitutional rights.

He is making people jump through hoops and is making it very expensive for millions of people to exercise their Constitutional right to defend themselves and leaving them defenseless but he himself has bodyguards.

https://www.cnsnews....protecting-deer

https://www.usatoday...tates/19785161/

https://m.washington...x-gets-enthusi/

http://fortune.com/2...erg-soda-taxes/
If Tyranny and Oppression come to this land, it will be in the guise of fighting a foreign enemy.
James Madison

"The only thing necessary for the triumph of evil is that good men do nothing"
Edmund Burke

"During times of universal deceit, telling the truth becomes a revolutionary act"
George Orwell

"People willing to trade their freedom for temporary security deserve neither and will loose both"
Benjamin Franklin

#21 JTHunter

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Posted 16 December 2018 - 09:43 PM

What kind of "hue & cry" do you think the F.O.P. (or whatever union runs the police in NJ) will make when some of THEIR membership are injured or killed off-duty because THEY didn't have sufficient rounds in their weapons to protect themselves?

Or, if they get into a shoot-out where the crooks have those "high capacity magazines" and the cops don't, who gets the blame?


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#22 chislinger

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Posted 16 December 2018 - 10:20 PM

Or, if they get into a shoot-out where the crooks have those "high capacity magazines" and the cops don't, who gets the blame?

The NRA of course.
"I'm not worried about following the U.S. Constitution." - Washington County, Alabama Judge Nick Williams

#23 ILgunguy

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Posted 05 January 2019 - 11:08 AM

^^^^ Exactly
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#24 steveTA1983

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Posted 11 January 2019 - 09:28 PM

[quote name="soundguy" post="1185519" timestamp="1544613370"][quote name="357" post="1185514" timestamp="1544585759"]
[quote name="soundguy" post="1185511" timestamp="1544582170"]
[quote name="357" post="1185486" timestamp="1544563870"]
The 10 round low capacity limit is unconstitutional and was imposed on people by Bloomberg and his paid politiscians and needs to be struck down like the soda tax. Why doesn't he impose a limit on his bodyguards? If it was adequate for self defense, police would be carrying 10 round low capacity magazines but they carry 46 rounds or as much as possible and have shot 84 rounds and only hit the target once.https://www.huffingt...4b093be51bbb978
[/quote]
 
If the limit for everyone was 10 rounds, there wouldn't be a limit.[/quote]

So you're saying there should be a 10 round limit for everyone?
[/quote]
 
No.
If there is any magazine restriction for us, it should extend to cops, security and military... no exemptions for anyone.
If it's good for one, it's good for all.
 
The "exempt" classes would scream.[/quote]

Well, I agree with you 110% :)

#25 BobPistol

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Posted 13 January 2019 - 11:49 AM

No, another way of putting it is without exemptions, Obamacare and social security would not exist.

 

 

 

 

Without crony enrichment Tyrannicare and socialist insecurity would not exist.

Without crony enrichment, most laws and regulations on the books would not exist. 


Edited by BobPistol, 13 January 2019 - 11:49 AM.

The Second Amendment of the Constitution protects the rest.




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