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ANJRPC plans to appeal, likely headed to SCOTUS.
1 posted on 12/05/2018 2:25:23 PM PST by ScottfromNJ
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To: ScottfromNJ
Bibas said the majority erred because laws that impair self-defense in the home warrant strict scrutiny, not intermediate scrutiny as the other judges selected.

I am of the opinion that ANY law that reduces, restricts or otherwise infringes on liberty, but especially any of the Bill of Rights "rights" - should require strict scrutiny.

2 posted on 12/05/2018 2:29:41 PM PST by taxcontrol
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To: ScottfromNJ

Might be too soon. I don’t know if SCOTUS can be trusted. Specifically, I don’t know if ROBERTS can be trusted.

We need to replace one more liberal. Then we are in position to put the hammer down hard on magazine bans.


3 posted on 12/05/2018 2:31:21 PM PST by JamesP81 (The Democrat Party is a criminal organization.)
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To: ScottfromNJ

With little training a person can swap a magazine in under 10 second and with some practice it can be knocked down to under 5 seconds. Imagine the carnage one could do with a couple dozen stripper clips and a M1


4 posted on 12/05/2018 2:33:15 PM PST by LukeL
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To: ScottfromNJ

I wonder what the black market price of 40rd. mags will go for?


5 posted on 12/05/2018 2:37:03 PM PST by SkyDancer ( ~ Just Consider Me A Random Fact Generator ~ Eat Sleep Fly Repeat ~)
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To: ScottfromNJ

Two Obamaites and a Constitutionalist appointed by President Trump.

Anyone care to guess which ones were which?


8 posted on 12/05/2018 2:43:11 PM PST by TexasGurl24
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To: ScottfromNJ
It looks like John "They Got Somethin On Me!" Roberts was TOTALLY right about non-partisan "judges".

Joseph Greenaway Jr: a Rapin Bill/ClownBammy judge ruling against gun rights

Patty Shwartz: A ClownBammy judge ruling against gun rights

Stephanos Bibas: A President Trump judge ruling for gun rights

TOTALLY unexpected.  face with tears of joy face with tears of joy face with tears of joy

It's almost like two Fascist authoritarian DemoKKKrat "judges" voted against a Republican judge, but of course, that's IMPOSSIBLE, according to John "They're Blackmailing Me!" Roberts...

14 posted on 12/05/2018 3:15:25 PM PST by kiryandil (Never pick a fight with an angry beehive)
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To: ScottfromNJ
Tell it to the Sopranos!😜
17 posted on 12/05/2018 3:36:04 PM PST by miserare ( Indict Hillary!)
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To: ScottfromNJ
The appeals court, by a 2-1 margin, said the law limiting high-capacity magazines does not violate the Second Amendment, ...

If that's true then why not make the limit one round instead of ten?

18 posted on 12/05/2018 4:23:17 PM PST by TigersEye (This is the age of the death of reason.)
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To: ScottfromNJ

Looks like they are forcing folks to go to 1911 45ACP pistols whose mags only hold 7 rounds. It seems to me that one hit from a 45ACP slug is about 3 times more damaging than a 9mm and maybe twice as damaging than a 40 S&W.


19 posted on 12/05/2018 4:28:49 PM PST by antidemoncrat
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To: ScottfromNJ

NJ, Ny and CT....have similar restrictions. In New York you can buy and legally posses a 10 round magazine BUT it’s illegal to load that magazine with more than 7 rounds -ridiculous!

“There’s no way to rule innocent men. The only power any government has is the power to crack down on criminals. Well, when there aren’t enough criminals, one makes them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws.” -Ayn Rand


21 posted on 12/05/2018 4:57:47 PM PST by Fitzy_888 ("ownership society")
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To: ScottfromNJ

I guess all this screaming and yelling has to do with letting the shooter have ‘unlimited’ access to cartridges.

Here’s a video about mag changes. I sure mags could be limited to just 10 rounds and the shooter could shoot for a long time with just a fews mags.

https://duckduckgo.com/?q=changing+mags+video&ia=videos&iax=videos&iai=O0idQtEss0U

I have seen a video, can’t find it now, where a shooter changes semi-auto pistol mags in less than 2 seconds.

I’m not saying I’m for limiting mag rounds. I’m saying, with some mag changing practice it doesn’t matter.


22 posted on 12/05/2018 5:02:18 PM PST by upchuck (When hatred of culture becomes itself a part of culture, the life of the mind loses all meaning.)
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To: ScottfromNJ

Does not limit the 2nd amendment. Interesting.

Because the 2nd Amendment says that the Congress has to GIVE us guns, equipment and training in order for us to be the militia that it can call up to fight.


23 posted on 12/05/2018 5:11:08 PM PST by Celerity
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To: ScottfromNJ

One question for the lawmakers who support magazine limits. Do these limits apply to all law enforcement agencies operating in the state, and the security forces protecting you and yours? Because if law enforcement needs more, and or your guards need more, well... Anyway, around here I can buy standard 30 round magazines for my AR, pinned down to our current ridiculous 15 round limit. Now, the pin is one aluminum pop rivet, easily drilled out...


24 posted on 12/05/2018 5:15:59 PM PST by ThunderSleeps ( Be ready!)
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To: ScottfromNJ
Bibas also said that even under intermediate scrutiny, the law fails under the record of the case. Intermediate scrutiny “requires more concrete and specific proof before the government may restrict any constitutional right, period,” Bibas said.

He's right, what are the other two afraid of?

42 posted on 12/06/2018 8:00:53 AM PST by 1Old Pro
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To: ScottfromNJ; All
Here are the first four paragraphs of the dissent by Judge Bibas. He is masterful in eviscerating the sophistry of the two majority judges:

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. 554 U.S. at 634-35.

Yet the majority treats the Second Amendment differently in two ways. First, it weighs the merits of the case to pick a tier of scrutiny. That puts the cart before the horse. For all other rights, we pick a tier of scrutiny based only on whether the law impairs the core right. The Second Amendment’s core is the right to keep weapons for defending oneself and one’s family in one’s home. The majority agrees that this is the core. So whenever a law impairs that core right, we should apply strict scrutiny, period. That is the case here.

Second, though the majority purports to use intermediate scrutiny, it actually recreates the rational-basis test forbidden by Heller. It suggests that this record favors the government, but make no mistake—that is not what the District Court found. The majority repeatedly relies on evidence that the District Court did not rely on and expert testimony that the District Court said was “of little help.” 2018 WL 4688345, at *8. It effectively flips the burden of proof onto the challengers, treating both contested evidence and the lack of evidence as conclusively favoring the government.

Whether strict or intermediate scrutiny applies, we should require real evidence that the law furthers the government’s aim and is tailored to that aim. But at key points, the majority substitutes anecdotes and armchair reasoning for the concrete proof that we demand for heightened scrutiny anywhere else. New Jersey has introduced no expert study of how similar magazine restrictions have worked elsewhere. Nor did the District Court identify any other evidence, as opposed to armchair reasoning, that illuminated how this law will reduce the harm from mass shootings. Id. at *12-13. So New Jersey cannot win unless the burden of proof lies with the challengers. It does not.

The dissent is 19 pages in total.

You can read the entire opinion here.

43 posted on 12/06/2018 8:29:19 AM PST by marktwain (President Trump and his supporters are the Resistance. His opponents are the Reactionaries.)
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To: ScottfromNJ
The U.S. Court of Appeals for the Third Circuit has rejected a challenge to New Jersey’s ban on firearm magazines holding more than 10 rounds.

WHAT??

I can't buy a 22 oz soda here??

Ok then; give me two 16s; please.

50 posted on 12/07/2018 12:22:28 PM PST by Elsie (Heck is where people, who don't believe in Gosh, think they are not going...)
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