Third Circuit upholds New Jersey's 10rd magazine capacity limit

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A Powerful Dissent Charges Judges Who Casually Uphold Magazine Restrictions With Disrespecting the Second Amendment

Good dissenting opinion. Not that activist judges care about the Constitution, or even precedent that conflicts with their agenda.

As a reminder that elections have consequences, let's look at the 3 member 3rd Circuit panel that decided this case:
Upholding the ban on magazines greater than 10 rds: Judges Patty Shwartz and Joseph Greenaway. Both appointed by Obama.

Dissenting opinion: Judge Stephanos Bibas. Appointed by Trump.
 
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Great dissenting opinion although I don’t think it goes far enough but better than I expected.

What this does is give a higher court a foot hold to overturn.
 
"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," Judge Patty Shwartz concludes in an opinion joined by Judge Joseph Greenaway.

Even in the dissent...
"The Second Amendment's core is the right to keep weapons for defending oneself and one's family in one's home," he writes. "The majority agrees that this is the core. (Bilbas)


Fundamental misunderstanding of the second amendment. Although, it's a good reason, it's not the core if the 2nd.

ETA - I would argue that if a firearm needs to be altered from it's original design to be legal, for example, reducing its original capacity, you are in fact inhibiting it's designed function and therefore infringing in the right to possess it in it's original form.
 
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This only happens because government officials do not fear reprisals from the People.

Before the Revolution, the People of British North America shut down courts that were known to be against their Rights.

They threatened and assaulted government officials who were known to be against their Rights.

The only reason this continues to happen is because We, the People choose obedience to unjust law and the yoke of Tyranny rather than our place as Free Men.
 
If the criminals will have why can't the rest of us? Cops have them, why not me?

 
Bingo! I just moved out of NJ back in August. The state is so hardcore blue the governor and legislature basically have nothing to fear. You'll see even more absurdity come in the next year.
NJ is like a miniature California. So sad.
 
Bingo! I just moved out of NJ back in August. The state is so hardcore blue the governor and legislature basically have nothing to fear. You'll see even more absurdity come in the next year.

California now has a democrat super majority and they can and will do as they like. The anti-gun bills are lined up and waiting to land on the new Governor's desk when he is sworn in next January. The democrats used 'ballot harvesting' and algorithm formulas to credit absentee ballots in contested districts (if the trend was going democrat, they allocated more votes to the democrat) to win in both the state and federal contests. Guess what? It was all legal because the democrats changed the rules to allow this. I will give the democrats this: they know how to play hard and how to win and they have no shame.
 
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"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," Judge Patty Shwartz concludes in an opinion joined by Judge Joseph Greenaway.

Even in the dissent...
"The Second Amendment's core is the right to keep weapons for defending oneself and one's family in one's home," he writes. "The majority agrees that this is the core. (Bilbas)


Fundamental misunderstanding of the second amendment. Although, it's a good reason, it's not the core if the 2nd.

ETA - I would argue that if a firearm needs to be altered from it's original design to be legal, for example, reducing its original capacity, you are in fact inhibiting it's designed function and therefore infringing in the right to possess it in it's original form.
In fact you have to wonder what the hell they are teaching law school. It's not top down.
 
What is there then to stop them from defining the limit down to single shot muzzle loaders then?
It doesn't matter to them that mag limits don't stop criminals. Stricter gun laws result in higher violent crime rates and they know it. Yet judges still accept the non-existent "public safety exception" to a constitutional right. But they still argue that Sharpton committed no crime when he yelled "kill the Jews" and the crowd went forth an beat an innocent Jewish man to death.
 
What is there then to stop them from defining the limit down to single shot muzzle loaders then?
It doesn't matter to them that mag limits don't stop criminals. Stricter gun laws result in higher violent crime rates and they know it. Yet judges still accept the non-existent "public safety exception" to a constitutional right. But they still argue that Sharpton committed no crime when he yelled "kill the Jews" and the crowd went forth an beat an innocent Jewish man to death.
You see, you're trying to apply logic as though it would apply. This isn't about logic, it's about an agenda. It's an agenda that leverages emotion and public perception, and marketing. Actually, if you've read True Believer, you'd see that it's actually like a cult. Logic does not apply.
 
I notice the agenda continues to make exceptions for those who serve the state and those who have retired from service to the state.
 
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Not to go off topic but you guys see any of this crap coming down to us as the state turns more blue? If so time frame and predictions?
 
The metro areas control the fate of the state. Charlotte, Asheville, and Raleigh can drive this state blue and eventually will, sadly. Outside of the bay area and the Santa Barbara to San Diego coast, California is a conservative state but the population density in the blue areas of the state control the destiny of the entire state.
 
Illinois has 11 million residents, six million live in Shitcago area, and the other five million suffer under their control.

Look at the bright side, those are the places paying the bills. Half of the money coming into the NC state treasury comes from five of the 100 counties.
 
"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," Judge Patty Shwartz concludes in an opinion joined by Judge Joseph Greenaway.

Even in the dissent...
"The Second Amendment's core is the right to keep weapons for defending oneself and one's family in one's home," he writes. "The majority agrees that this is the core. (Bilbas)


Fundamental misunderstanding of the second amendment. Although, it's a good reason, it's not the core if the 2nd.

ETA - I would argue that if a firearm needs to be altered from it's original design to be legal, for example, reducing its original capacity, you are in fact inhibiting it's designed function and therefore infringing in the right to possess it in it's original form.

My home is the United States of America.

Idiot judges.
 
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Illinois has 11 million residents, six million live in Shitcago area, and the other five million suffer under their control.

Look at the bright side, those are the places paying the bills. Half of the money coming into the NC state treasury comes from five of the 100 counties.
They have a name for people that peddle their well being and dignity for dollars too.
 
Illinois has 11 million residents, six million live in Shitcago area, and the other five million suffer under their control.

Look at the bright side, those are the places paying the bills. Half of the money coming into the NC state treasury comes from five of the 100 counties.
And that's why they feel entitled to make the rules for everyone. :mad:
 
The best thing about NJ is that they limited capacity on those deadly Marlin 60 assaultrimfires. Because you know, squirrel populations were threatened there in the Pine Barrens.

NJ is a collection area for morons who can't afford to live in NY. Well except for the border, which are basically all Christy supporters. Which in turn, are morons.
 
Half of the money coming into the NC state treasury comes from five of the 100 counties.

Do you have a link to that information? I can't find county-by-county data in the state's revenue and expenditure data.
 
Do you have a link to that information? I can't find county-by-county data in the state's revenue and expenditure data.
Rep. Nelson Dollar, who was the head of the House Appropriations Committee until his defeat last month, wrote the budget. He lives in my neighborhood and I've campaigned for him. And that's where I got it. BTW, that's only the General Fund, and doesn't count some separate things, like the gas tax/highway fund.

Some of those northeast drainer counties receive almost five times as much as they contribute.
 
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