Posted on 12/05/2018 2:25:23 PM PST by ScottfromNJ
Split 3rd Circuit Upholds NJ's Ban on Large-Capacity Gun Magazines
The U.S. Court of Appeals for the Third Circuit has rejected a challenge to New Jerseys ban on firearm magazines holding more than 10 rounds.
The appeals court, by a 2-1 margin, said the law limiting high-capacity magazines does not violate the Second Amendment, the Fifth Amendments Takings Clause or the Fourteenth Amendments Equal Protection Clause. The court affirmed an order from the U.S. District Court that denied challengers motion to preliminarily enjoin enforcement of the law.
Judges Joseph Greenaway Jr. and Patty Shwartz ruled to affirm the lower court. Judge Stephanos Bibas, in a 19-page dissenting opinion, called for the granting an injunction against enforcement while the state makes its argument that its ban can prevent harm from mass shootings.
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. And the law fails the strict scrutiny test, Bibas said.
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.
I have not heard that argument before but I like it very much.
He's right, what are the other two afraid of?
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 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.
The dissent is 19 pages in total.
You can read the entire opinion here.
“9mm vs .40 vs .45: Which Chambering Has More Stopping Power?”
“the best a 9mm could do was 67.5 percent.
The .38 Special fared just as poorly, and the standard FBI-issue .38 Special [158-grain, lead, hollow-point +P] also achieved a 67.5 percent success rate. Among the initial rounds tested, only the 10mm, .45 ACP and a single .357 Mag round were able to score consistently above 90 percent.
“https://www.personaldefenseworld.com/2017/03/9mm-40-45-acp-stopping-power/"
Actually I believe that accuracy of the person shooting determine the outcome. I think if they did manage to ban high capacity mags of 10 or more then they would decide 40 S&W and 45 Apc and larger pose a hazard of missing the target and hitting a snowflake they would then try to limit magazine to 9mm max and 7 rounds max.
This is based on a study done nearly 30 years ago. The difference in ammunition then and now is drastic and ammunition matters.
The FBI has concluded that the slight advantage in "stopping power" (whatever that term really means) by larger calibers, is far overshadowed by having greater magazine capacity. This is the reason they dumped the .40. You need penetration of at least 12 inches in ballistic gel. Once you're there, the diameter of the round is not the deciding measure.
Of course. And that is why LEO use 15 round magazines, and carry often backups. I think many agencies also require a chambered round so that’s 46 rounds for one LEO. There is a reason for it. Cops have a tough job as they go into and find dangerous situations. But that doesn’t negate the fact that dangerous situations seek and find civilians.
Man, you better delete that before some leftist sees it. If you don’t, pretty soon we may be reading 10 page novels and wat hing 10 minute movies!
[You guys are fudging the definition to win a debate...]
No, I just posted a link for stripper clips for an M1 Carbine. All stripper clips are in effect “magazine fillers” as you put it. The Broomhandle Mauser pistol also used stripper clips. Their purpose is to basically fill a magazine while still installed or part of the firearm.
The difference is more with the magazine itself. Whether it is fully removable or fixed or hinged (Ex. SKS)
The En banc clip used in the Garand melds the magazine and clip into one integral unit that works together to form an assembly. Once the “clip” is empty it is ejected and a new, loaded clip is inserted to form the magazine assembly again.
While I do enjoy your lessons on weapon technologies, the distinction to me is between magazine fillers used in the rear such as you refer to for the M1 carbine and stripper clips used reload during combat. Stripper clips like those used for the Broomhandle, the K98, the SMLE, the ‘03, the M1895 Lee Navy, etc., etc, to provide reloading in action and other than single loading are the only way of reloading in combat.
It is stretching the definition to include conveniences for loading magazines in the safety of the rear to devices that are integral to the design, i.e., having milled slots in their receivers to accept stripper clips.
One is part of the weapon design, the other is an accessory.
P.S., the M1 clip is en bloc, not “en banc”.
I can't buy a 22 oz soda here??
Ok then; give me two 16s; please.
Get ‘em while you can; folks!
https://www.cheaperthandirt.com/category/parts-and-accessories/magazines/ar-15-magazines.do
Heck; even a kid’s BB gun can shoot the perp’s eyes out!!!
P.S., the M1 clip is en bloc, not en banc.
Sorry that’s what I meant to say.
“One is part of the weapon design, the other is an accessory.”
I’ll disagree with you on that. All fill magazines. The situations they are used in does not change that fact.
I have - and even though my M-14 had a clip guide, I never used it because firefights don't give you time to play with loading magazines.
Somewhat uniquely, I have used an SKS in one firefight and did use the stripper clips. Not sure I hit anybody that time.
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