New Jersey wants to restrict magazine capacity, and the state wants you to turn in your magazines that don’t comply with the new magazine limit.
Some folks who didn’t like this idea took their case to court. Unfortunately, the Third Circuit has decided that the Second Amendment isn’t a thing in New Jersey.
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.
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.
The last day for residents of New Jersey to turn in their soon-to-be-contraband is December 10.
Unfortunately, this is just how the world works in New Jersey. Even a federal court will somehow cower to anti-gun sensibilities rather than enforce the United States Constitution as every judge swore to do. They have turned their backs on their oaths of office and instead sacrificed their honor on the altar of anti-gun zealotry.
Of course, they’re also deluded if they think people are going to turn them all in, especially the criminals in the state, but also the otherwise law-abiding.
After all, you can only expect the law-abiding to be pushed around for so long before they hoist the proverbial black flag and say, “screw it.” I have to believe a lot of New Jersey residents have now reached that point, if they hadn’t reached it before now, anyway.
Meanwhile, the criminals will continue to pay no attention to the law. They’re not going to look at the new rules and think, “Well, I was going to rob this liquor store with this 15-round magazine, but that’s illegal, so I’ll turn that one in and get a legal one. I don’t want to break the law with my law-breaking, now do I?”
The only way you think that’s going to happen is if you’re a complete and total idiot or are part of the New Jersey state legislature, but I repeat myself.
This is beyond ridiculous, and for the Third Circuit to uphold it turns the ridiculousness up to 11.
That’s New Jersey for you. I could make all the New Jersey jokes I know, which is a lot of them, but stuff like this makes the state enough of a joke on its own. Then we have a federal court upholding this nonsense. All I can do is shake my head.