Jump to content
Sign in to follow this  
Bearing Arms

New Jersey Supreme Court Upholds Magazine Ban

Recommended Posts

ca4d1720-cce0-4d71-b365-85f87d048b37.jpg

Magazine bans are a favorite cause of the left. It’s convinced that if you can only have so many rounds, bad people will suddenly become good and noble creatures. Alright, maybe not quite that, but they do think that a magazine ban will somehow have an impact on crime.

As such, they altered New Jersey’s magazine restrictions, lowering the limit from 15 rounds down to just 10.

Now, the state Supreme Court has upheld that ban.

Just in case gun owners needed another reason to back Judge Brett Kavanaugh’s nomination to the U.S. Supreme Court or to get energized ahead of the 2018 midterm elections, the U.S. District Court for the District of New Jersey gave us one. On September 28, District Judge Peter G. Sheridan denied a motion for a preliminary injunction that would have enjoined enforcement of New Jersey’s 10-round magazine capacity limit.

In his decision, Sheridan conceded that magazines with a capacity greater than 10 rounds are in “common use” and thus entitled to Second Amendment protection. However, Sheridan then proceeded, as other courts have done, to apply an infinitely malleable interest-balancing test standard to determine whether New Jersey’s infringement on the Second Amendment right is permissible.

In this vein, Sheridan concluded that the Garden State’s magazine ban should be subject to intermediate scrutiny, meaning that the policy must further an important government interest by a method substantially related to the interest. The court, acting as policy analyst, rejected testimony refuting the efficacy of magazine bans and adopted the state’s purported concerns over the criminal use of these items.

The Association of New Jersey Rifle & Pistol Clubs has made clear that they intend to appeal the decision.

Ironically, Sheridan may have done some of a future Supreme Court’s analysis on magazine bans for them. In his decision, the judge stated, “[m]uch of the legal history and tradition of [large capacity magazine] restrictions in the United States is relatively recent and evolving.”In his District of Columbia v. Heller opinion, Justice Antonin Scalia did not set forth an interest-balancing test for Second Amendment cases. Instead, Scalia noted that only some “longstanding”firearms restrictions were acceptable.

The real test will be whether the Supreme Court will even hear the case.

The Court hasn’t heard a Second Amendment case since McDonald, and there have been plenty worth its hearing. One concern was that Justice Kennedy, who sided with the majority on Heller and McDonald, had no interest in hearing another Second Amendment case, so he voted with the more liberal justices. I don’t know whether that’s the case or not, but it was certainly a possibility.

But with Kavanaugh on the Court, things would change from that potential status quo. At least theoretically.

If so, then the New Jersey magazine ban may appear before the Court and, based on who is on it right now, be struck down. This would be a huge win for the Second Amendment since a properly-written decision would also eliminate magazine restrictions throughout the nation.

However, it’s also interesting to note how different Sheridan’s decision is from the precedent set in Heller. It’s clear that activist judges like Sheridan aren’t using legal precedent in reaching their decisions, but are hiding their feelings-driven opinions behind legalese.

The post New Jersey Supreme Court Upholds Magazine Ban appeared first on Bearing Arms.

View the full article

  • Sad 1

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  

  • Who Viewed the Topic

    1 member has viewed this topic:
    Let_Freedom_Ring

Who we are

We are a community of concerned patriots who are not overly confident in the current direction of our society, from the wild political climate to what can be summed up as a lack of morals or a complete void of integrity and pretty much a blatant disregard of respect..... Respect for our past, respect for our future and respect for each other. In order to protect our constitution and life as we know it, we decided to not be the silent majority anymore and pull our selves up by the bootstraps and make the world a better place. This website is to unite people like us, people who want to make a difference ... and do it the right way, Little did we know that in doing so we would create the number one militia community online. Here we are. Enjoy.

Disclaimer

We require all members to think before they post. We understand the issues raised on this site may lead to heated debate, but we still require all users to maintain a respectful environment. My Militia website bears no responsibility for the accuracy of anyone's comments and will bear no responsibility or legal liability for any discussion postings. We reserve the right to remove posts without notice, and the right to ban anyone who willfully violates the rules. All content is posted live with no moderation. If you see something that you think shouldn't be here please report it so we can handle it accordingly. Always respect the privacy of others if something is shared with you in a private fashion such as real names, emails or phone numbers. Please keep them private.
×

Important Information

Your Privacy Is Important To Us Learn More: Privacy Policy