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Third Circuit Tells Gun Owners They Must Turn In Their Gun Magazines

Second Amendment


Third Circuit Tells Gun Owners They Must Turn In Their Gun Magazines, Will You Comply?

New Jersey – -(AmmoLand.com)- December 5, 2018. In a 2-1 decision, a panel of the U.S. Court of Appeals for the Third Circuit refused to stop the enforcement of New Jersey’s 10-round magazine ban.

The majority, in an opinion by Judge Shwartz and joined by Judge Greenaway, both appointed by President Obama, held that the ban did not violate the Second Amendment because it reasonably advanced the State’s interest in reducing mass shootings without severely burdening the rights of law-abiding citizens.

Read the Third Circuit decision here.

Third Circuit Opinion on New Jersey Democrats Gun Mag Ban

Judge Bibas, appointed by President Trump, authored a forceful dissent, pointing out that the majority refused to apply standard constitutional principles to the case and instead treated the Second Amendment differently than any other constitutional right.

Judge Bibas observed: “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 [District of Columbia v. Heller, 554 U.S. 570 (2008)].”

He rejected what he termed the majority’s “watered down“ approach to the Second Amendment.

Association of New Jersey Rifle & Pistol Clubs intends to appeal the decision.

In the meanwhile, the last day for gun owners to comply with the mag ban law is December 10, 2018. Failure to comply by the deadline is a 4th degree crime that could result in fines and imprisonment for each non-compliant magazine, in addition to loss of gun rights nationwide.

Last week, Association of New Jersey Rifle & Pistol Clubs issued detailed guidance to gun owners about compliance with the mag ban law, including non-obvious, lawful ways for law-abiding gun owners to keep owning magazines between 11-15 rounds without modifying or destroying them. Click here for ANJRPC’s guide to compliance with the ban.

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Association of New Jersey Rifle & Pistol ClubsAbout the Association of New Jersey Rifle & Pistol Clubs:

The Association of New Jersey Rifle & Pistol Clubs is the official New Jersey affiliate of the NRA, and is New Jersey’s oldest, largest, and most effective Se ond Amendment advocacy organization.



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32 Comments

  1. Basically what the judges said was that any Constitutional Right can be vo
    Violated, like searches and seizures or even due process, if it advances the states interest in (insert reason)

    1. Yep! Guess we missed the part of the 2nd Amndment that says “shall not be infringed except when it advances the state’s interest”. The 2bd Amendment isthe peoples only guarantor of the others. Once it is gone the people have no rights except those deemed by our dictators (both legislative and robed) to be “in the state’s interest. The ruling is particularly egregious vecause the Founders specifically included the 2nd to gve the people a counterbaance to thwart government tyranny.

      Then again, those who are unwilling to kill and die to protect and defend their unalienable rights, freedom and property will inevitable and deservedly lose them. It will be interesting to watch. I don’t expect much from the Democommies in NJ but we’ll see what happens.

  2. tell them to blow it up their asses..when the criminals turn theirs in you will..only criminals kill people..not law abiding citizens..they know this as well,,these judges are communist socialists..traitors to America..i will keep my guns and my 30 round magazines..they want mine they better be ready ..i will die for what is mine..only from my cold dead hands

  3. To their thinking they could limit mags to a single round if it advances the states agenda which is not safety but control of everyone and sometime in the future with them being able to dictate to all because they have 30 rnd mags and probably all the guns. Time to resist!

    1. Doug: You are correct. If they can limit the magazines to 10 rounds what is there to prevent them from limiting them to 1 round? Very scary and, of course, a completely bogus line of reasoning when they say that they can infringe a Constitutional right to further the interests of the State. Worse, there is no way that they can show that doing this infringement would actually work since we all know that anyone planning a mass shooting would laugh at a magazine size restriction.
      They use irrational reasoning because their actual agenda is NOT reducing violent crime; it’s banning firearms from citizens hands….

  4. No thank you. If crocks have large magazine’s I want to be able to defend myself by having the right to have large mag’s to .

  5. The second amendment was penned to make sure the people were armed so they could form a militia, the militias needed to be as strong as the forces they opposed including any government even one that may have governed the people that formed the same militias. If the people of the United States are limited to what arms we can own by government we will never stand a chance “to throw off” an overbearing government that has run amok. Now think of this, only Democrats want to control what you have not Republicans, so which party is more likely to become the overbearing government.

    1. Yes! we need the same abilities (in gun power) as the government that goes amuck, if they have 30 round mags, we need them also….for the 2nd amendment is for only one reason, to go against a government gone amuck, to hold them in check.

    2. Barry is on target, about the reason for the second amendment. All of these “laws” attempt to say otherwise as a way to circumvent the real reason for the 2A. As example here they are attempting to say the reason for the second amendment is only for home protection in their wording, “New Jersey’s 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 real reason does not need to be watered down, it is to protect the people from the government becoming tyrannical. The more they weaken the 2A the easier it is to control the people.

  6. I wonder what the judges would rule if a suit were brought before them that contended that newspapers and television news programs must only print or televise concise, factual, non-nuanced, news, news that must be void of any editorial comment? Now this should be in the States interest shouldn’t it be? No they would not touch or hinder their propaganda machines.

  7. What ever happened to interpreting law with fact and reason instead of emotion and political correctness? Read below. Gun control doesn’t work. Statistics prove this time and time again.

    As reported by The NewDaily: By Keith Finch – December 3, 2018

    Australians may be more at risk from gun crime than ever before with the country’s underground market for firearms ballooning in the past decade. In a surprising find /sarc , Prohibition is not effective. A black market has boomed in the land down under for semi-automatic handguns, a prohibited item to the peaceful and law abiding.
    Where there is a demand a supply will be generated. And if the only demand is criminal because the law blocks the lawful, only one class is going to be dipping into the generated supply then.
    Previously unseen police statistics show that the number of pistol-related offences doubled in Victoria and rose by 300 per cent in New South Wales. At least two other states also saw a massive jump in firearms-related offences during the same period.
    The statistics detail the types of firearms offences police have pursued in the courts in the past decade and show some concerning findings, including a massive 83 per cent increase in firearms offences in NSW between 2005/06 and 2014/15, and an even bigger jump in Victoria over the same period.
    “The ban on semi-automatics created demand by criminals for other types of guns,” “The criminal’s gun of choice today is the semi-automatic pistol.”
    Small concealable accessible weapons have been the criminal mainstay for eternity. Just because the island nation content has said “bad” hasn’t influenced criminal demand in the direction the law intended.
    Gun Control doesn’t prevent gun crimes. Gun control just keeps rehashing what is a crime since murder and violent action apparently wasn’t clear enough…

  8. New Joisey has long been on my list of places to avoid. A few of others include New York, Illinois and California. That hard nosed, authoritarian attitude that those places exhibit towards their populous is not for me. I refuse to even drive through such a place.

  9. The state of Illinois is in the same boat as NJ,NY and Conn. The people in this state elect idiots and then whine when ans cry about everything just to re-elect the same idiots again. Just like Calf.

      1. there was more than one Muslim elected.
        AND MUSLIMS AREN’T EVEN SUPPOSED TO BE IN OUR COUNTRY.
        so we the people will KEEP OUR GUNS AND MAGS, because a WAR IS COMING SOON.

  10. How many prayers are allowed? How many people can gather together? How many petitions are allowed to redress grievances?
    Liberal judges must not be appointed, elected, or allowed any authority over the Rights of citizens.

  11. The sad predictable results of idiots voting God hating, Constitution loathing, criminal dimmercraps into da’gubmint.

  12. If these judges think anyone is going to comply they are again sadly mistaken!! If the police can own and carry their weapons including service pistols with high capacity magazines then SO CAN I!! I’ll NEVER turn in any weapon or magazine to ANYONE and especially not ANYONE from or associated with any government entity!! We’ll end up fighting in the streets, people maimed and killed all because treasonous, so called politicians are actually stupid (incurable for life) not just ignorant (able to understand once shown or taught) and have violated the oath of office they took where they swear on our Bible to “protect and defend the constitution against all enemies both foreign and domestic.” We the people can begin removing these stupid politicians and talk to those who are just ignorant of the real facts! I stand armed, willing, and ready to help defend our constitution and our rights!! Semper Fi, Steve

    1. and coming from ANOTHER MARINE STEVE, Semper Fi brother.
      because millions of our fellow Vets will NOT COMPLY AND WILL FIGHT AGAINST ALL THOSE COMMUNIST DEMORAT CRIMINALS AND TRAITORS.
      and our OATH was to PROTECT THE CONSTITUTION, NOT TRAITORS.

    2. While I am with you in sentiment, Steve, And also would never just turn in personal property that previously was legal and was then banned by Liberal courts, the problem is that once banned, you can never truly enjoy them again. Having them for when “the time” comes is important but to me, gun ownership is enjoyable when I can take them out, shoot them, show them to friends, work on them, etc. Once they are banned they must be kept hidden until “the time” comes and cannot be truly enjoyed as before.
      As a law-abiding citizen I like to envision a scenario where Liberal Judges are taken out, tarred and feathered, and then sent packing. Laws should benefit the good citizens and, when judges pass interpretations that don’t, it’s time to “move ’em out” the way the early Colonists did.

  13. Who was that infamous founding father who stated , and I am para phrasing, that by restricting liberties for safety, you wind up with neither.
    Unfortunately, our very own citizens have been brainwashed by electing politicians who have convinced many that the right thing to do is ban.
    That’s right,. ban this ban that. This is best for you. We know best! We will protect you.
    Welcome to tyranny. We are there. Our liberties have eroded right under our noses. They are tyrants and don’t even realize it. I don’t want to believe it but it is true.

  14. Sadly, the actions of the liberal thinking individuals that want to control the population of this country, will backfire with great impact. The efforts to strip and control the population, through moronic gun control efforts only fuels the stance and position of law abiding gun owning citizens, we will not submit to your illegal laws nor will we surrender anything to a governmental organization that pursues the minimization of our constitutional rights granted… no one wants blood shed, especially against our own people, but if the morons of the left want to continue to pursue actions that strip away our rights then blood will flow and it will be theirs… and I for one will not shed a single tear when it happens!

  15. Tell the judge to come get them his self or is he a Pussy why yes he is they all are. It’s yours if you show up I bet my guns you don’t show up.

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