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  1. #1
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    NJ: Possession of ‘High Capacity’ Magazines a Felony Starting Tuesday

    New Jersey: Possession of ‘High Capacity’ Magazines a Felony Starting Tuesday




    By AWR Hawkins
    Breitbart
    December 10th. 2018


    The possession of “high capacity” magazines will be a fourth degree felony in New Jersey beginning Tuesday morning.

    Gov. Phil Murphy (D) signed the ban on magazines holding over 10 rounds in June, and it takes effect December 11.
    When the clock strikes midnight Tuesday morning, anyone in New Jersey who owns a magazine capable of holding more than 10 rounds of ammunition is officially in possession of illegal contraband and is deemed a fourth-degree felon. Unlike previous magazine bans, this one retroactively bans people from even owning such magazines in their homes, even though they had been purchased legally.

    The ban was challenged in court after it was signed, but last week the United States Court of Appeals for the Third Circuit upheld the ban. Breitbart News reported that a three-judge panel from the Third Circuit voted 2 to 1 to uphold the ban.

    Judge Stephanos Bibas, a Trump appointee, was the panel judge who voted against the ban. He argued that the ruling treats the Second Amendment as protecting second-class rights, unequal with other rights. He wrote, “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.”

    On a practical note, “high capacity” magazines are not the key element to mass public attacks in America. Rather, the key element is time. Attackers target gun free zones and this gives them time to carry out their evil machinations at their leisure. It creates a scenario where an attacker can pause and reload as much as he likes. Breitbart News reported that the Parkland shooter paused five times to reload during his attack, but unarmed teachers and staff were powerless to intervene.


  2. #2
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    Awesome, should be a crime free state starting Tuesday. A-Holes.

  3. #3
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    Crime will now plummet in NJ beginning at midnight Dec 11th, cuz the law-abiding badguys are now forced to only be in possession of 10-round mags? Makes perfect sense.

  4. #4
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    Quote Originally Posted by SADAacp View Post
    Crime will now plummet in NJ beginning at midnight Dec 11th, cuz the law-abiding badguys are now forced to only be in possession of 10-round mags? Makes perfect sense.
    .38 revolvers in general have only recently stopped being the preferred tools of criminals, in favor or semiauto pistols.
    it's taken 30 years of glocks being stolen/lost/etc for bad guys to finally switch over. If semiautos are finally taking over, that means a large portion of crimes are still going to be committed with revolvers (not "felony assault weapons") for years to come.
    DISCLAIMER: Disclaimer. The opinions expressed in this post are those of the author, DrScaryGuy. They do not purport to reflect the opinions or views of MGO, its board of directors, or its members.

  5. #5
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    Not to worry, no LEO would ever confiscate firearms or magazines...

    /sarc

  6. #6
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    I am surprised that the Court of Appeals ruled this way, it violates several points in the Constitution.
    One of them that bothers me the most is this:

    The Items are legal to own and are fairly prevalent in the hands of the general populous.

    The gov. passes a law that instantly makes them illegal, no "grandfathered" no buy back or any recompense for the "taking" of private property.

    What wasn't a crime (much less a felony) is now a felony by the stroke of a pen.

    This is a law after the fact. This was so important that it is listed in the US Constitution TWICE.

    Article I, Section 9, Clause 3 of the United States Constitution prohibits Congress from passing ex post facto laws.

    And similarly, Article I, Section 10, clause 1 of prohibits The States from passing ex post facto laws.


    Life Member, NRA, Lapeer County Sportsmen's Club Disclaimer: I Am Not A Lawyer. Opinions expressed are not representative of any organization to which I may belong, and are solely mine. Any natural person or legal entity reading this post accepts all responsibility for any actions undertaken by that person or entity, based upon what they perceived was contained in this post, and shall hold harmless this poster, his antecedents, and descendants, in perpetuity.

  7. #7
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    I haven’t read much news today, are all the news outlets reporting how awesome the drop in crime rate has been yet?

  8. #8
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    Quote Originally Posted by partdeux View Post
    Not to worry, no LEO would ever confiscate firearms or magazines...

    /sarc
    Actually, the idiots in New Jersey have prohibited law enforcement officers from possessing high capacity magazines after they return home from duty. They will soon be raiding each other:

    https://defensemaven.io/bluelivesmat...UyAM4_V350zFQ/

    New Jersey Bans Police From Possessing Duty Weapons While Off Duty
    Sandy Malone - December 14, 2018


    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.

    Modern firearms issued to patrol officers generally hold 12 or more rounds of ammunition.

    That means that just about all law enforcement officers in New Jersey will be breaking the law if they carry their assigned duty weapons while off duty, including just being home with them, unless they live outside of the state or leave their magazines behind at work, rendering the weapons near-useless.

    Bergen County Prosecutor Dennis Calo issued a memorandum to local police officials on Dec. 13 reminding everyone that the prohibition of the possession of large-capacity ammunition magazines also applied to off-duty law enforcement officers.

    “The statute now provides that law enforcement officers are not permitted to possess large capacity ammunition magazines, i.e. magazines capable of holding more than ten (10) rounds of ammunition to be fed continuously into semi-automatic firearms, unless while on duty or traveling to or from an authorized place of duty,” the memo read.

    “This statute applies to all law enforcement officers, including those subject to on-call status. Violation of this statute constitutes a fourth degree crime,” the memo continued. “There is legislation pending to amend the statute to permit law enforcement officers possession of large capacity magazines. We will keep you informed if and when the statute is amended.”

    Under the new law, it’s technically legal for them to carry their gun home from work with them, but the minute they get home, they are breaking the law.

    Bergen County may have been the only jurisdiction in the state to remind local law enforcement about the change in the law, and that’s confused a number of New Jersey residents.

    “There’s a lot of misinformation out there about this, and a lot of people thinking the prosecutor put this out there on his own. But it’s a state law,” explained Elizabeth Rebein, the public information officer for the Bergen County prosecutor’s office.

    Rebein said Calo issued the memo to point out that while the amendment to the law that would allow a magazine size exception for police officers was pending, it hadn’t actually been passed by the state legislature.

    The amendment is expected to be signed on Monday, but that leaves officers vulnerable to breaking the law for a week.

    Blue Lives Matter asked how officers with take-home vehicles or who were required to be on duty when they left their homes were supposed to have their duty weapons, the prosecutor’s office acknowledged a problem.

    “There seems to be a conflict in the law in that regard,” Rebein said.

    But she pointed out that for now, the new law has to be enforced and that’s why the reminder was sent.

    “This is not something that is coming from the prosecutor. This is something the legislature passed that went into effect on December 10th,” Rebein explained.

    The memo was sent out to assuage any concerns that law enforcement officers might be under the impression that the much-needed exception in the new law had already been passed, she said.

  9. #9
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    Quote Originally Posted by 10x25mm View Post
    Actually, the idiots in New Jersey have prohibited law enforcement officers from possessing high capacity magazines after they return home from duty. They will soon be raiding each other:

    https://defensemaven.io/bluelivesmat...UyAM4_V350zFQ/
    you'd think they would have learned from the SAFE ACT example, where police also were banned from having their normal tools of the trade.
    DISCLAIMER: Disclaimer. The opinions expressed in this post are those of the author, DrScaryGuy. They do not purport to reflect the opinions or views of MGO, its board of directors, or its members.

  10. #10
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    This is a prime example of " take it from my cold dead hands".

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