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PDM

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  1. I have a big smile on my face. Even if cert isn't granted, I really feel like these guys did a great job. In particular, I like the response to NJ's assertion that there is no evidence regarding the percentage of permits granted: it doesn't matter. The law is unconstitutional on its face because it de facto differentiates between people with a special, "justifable need" and "ordinary citizens". The footnote is a nice touch, pointing out that the percentages are likely irrelevant because most people are discouraged from ever applying and going through and onerous and expensive process because they know they will be denied. I've been disappointed so many times, but I will venture to say that I am optimistic about this. It seems that with Thomas, Alito, Kavanaugh and Gorsuch cert should be granted since you need 4 justices to grant-- I will actually be shocked if it isn't. Roberts has unfortunately become rather scary, and I worry that if cert is granted he could flip, but hard to believe that a Justice who signed onto Heller and Mcdonald would let this flagrantly unconstitutional law to stand. I could see him insisting on as narrow a holding as possible. We will see.
  2. I have no idea what is going on with the NRA, but from a governance perspective it doesn't appear to be good. I've been a member for years but never received a ballot. When I called to inquire so that I could vote for Colandro I was transferred to a sales rep trying to sell me a life membership. He seemed completely confused and disinterested when I explained I was just trying to get a ballot. He then gave me another number at the organization and I couldn't get through after repeated attempts. The NRA has made some valuable contributions through its litigation, but I can't help but give some credence to Youtube personalities like the Yankee Marshall who are adamantly anti-NRA and claim the whole organization is nothing more than a scheme to support Wayne Lapierre's 7 figure salary. Claims that the board has zero actual power areprobably true. Between their incessant marketing, dramatic scare tactics, and unsavory leadership, I'm a very reluctant member.
  3. I kind of agree with the sentiment expressed above re ARs in NJ, unfortunately. If I were new to this, I would just get a good lever action rifle in a pistol caliber. Even the state of NJ will be hard pressed to ban those.
  4. No one can explain that because it makes no sense. One word might help -- politics. Even if there was no 2A in the Constitution, the "right to privacy" the Court found to exist in Roe v Wade would itself include the right to keep and bear arms. In Griswold v Connecticut, (overturning a Connecticut ban on contraception) the Court first found a "right to privacy" to exist based on the "penumbra" of rights created by all the other rights enumerated in the Bill of Rights. Essentially, read together, the Bill of Rights implies and demands a right to be left alone by the government, subject to various limitations. in Poe v Ullman, an earlier Supreme Court case in which the Court allowed a Connecticut ban on contraception to stand, Justice Harlan wrote a dissent in which the right to privacy was first addressed. Guess what he included in his laundry list of things the government should butt out off (to put it simplistically)? The right to keep and bear arms. If there is a right to abortion or contraception or gay marriage -- all falling under the "right to privacy" read into the Consitution by the Court -- then there has to also be a right to keep and bear arms for the purpose of defending one's life. In other words, as long as I'm not harming or threatening to harm anyone, its none of the government's business how I choose to defend myself or what tools I keep to do so. But of course, we do have an explicit 2A in addition and it is quite amazing that the same people who happily go along with a seek to protect a made-up "right to privacy" claim the explicit and quite plain language of the 2A is meaningless. Like I said, there is no logical explanation other than that law is often means oriented, driven by political agendas.
  5. Basically, in lawyers terms, the State is saying, this is an important constitutional issue and we don't have our shit together so please give us 30 more days. It is very unusual and bad form for the other side not to agree to a one month extension for briefing and judges don't look kindly on it. The ANJRPC has to agree to the extension essentially. It doesn't change a thing. Not sure what exactly happens if we win and court strikes down justifable need. I don't think there would need to be a remand here -- the statute would essentially be modified to delete the justifiable need requirement and everything else would remain.
  6. I am somewhat surprised that the request for a response hasn't been reported anywhere. I guess it may be too subtle a point. But I think it makes it much more likely that cert will be granted. They can't grant cert without a response, but could have easily denied cert. I have been quite pessimistic about our chances for help at the Supreme Court, but I have a good feeling about this one.
  7. Wow there is a lot of wasted energy and time spent on this new 10 round limit. We have precedent -- the 15 round limit that was imposed over 25 years ago. Why does anyone think this will work any different? Did the state conduct house to house searches for 20 round mags? No. Were there many prosecutions based on "high cap" magazines? I'm not sure, but my sense is no. Seems that most people that got charged with hi cap magazines were already involved in criminal activity with a very few random cases of completely innocent people that got ensnared by this. Do you really think the state wants to prosecute a bunch of john q publics -- have doctors, lawyers, business owners, carpenters, etc with spotless records plastered in the papers facing 7 years in prison for owning a 14 round magazine that they owned for 20 years? People should really calm down, stop talking about this, and do whatever one thinks appropriate. It is highly, highly unlikely that this law becomes a problem for most people unless you do something stupid.
  8. This is partly a legal issue, partly a gear question. A 2015 law, "Santiago's law" requires all SORA armed guards to use a Level III retention holster. Does not matter whether uniformed or plain clothes. This is of course absurd, idiotic, etc., but this being NJ not surprising. Questions, if anyone knows: 1) of course Level III is not defined in NJ law. Standard definition is that a Level III holster needs to pass three retention tests after each of three successive retention devices is deactivated, so for example a snap/hood, a button release lever, and finally the passive retention provided by the holster itself. Is that corrrect? 2) Based on my research, Safariland makes some of if not the best duty/retention holsters out there. All are of course bulkier than anyone would want for concealed/plainclothes carry. They make a few models with both the "ALS" and "SLS" retention devices that are classified I think as Level III and are also described as concealment holsters. One being model 7367 7TS ALS/SLS, one of their newer models. Bulky but seems like it would work under a jacket. Does anyone have any familiarity with this holster and its Level III compliance or have any other recommendations for a less bulky Level III holster that is theoretically somewhat concealable? Thanks.
  9. I posted on the other thread that I won’t be able to modify my current 15 round pmags NOT because that would be illegal but because I thought (perhaps incorrectly) that modified pmags were epoxied shut and couldnt be further modified. The way I read the statute is that if you have a mag permanently modified to only hold ten it doesn’t matter if it was originally 20, 30 or 100 round mag, as long as it can only hold 10. To my question, can a 15 round pmag be opened and repinned to 10?
  10. You aren't missing anything. The fixed mag language in the bill is confusing people. "Large Capacity Magazines", now ten rounds, will be illegal in 180 days from enactment and there are only three ways to deal with them: 1) Modify to 10 rounds; 2) transfer to someone who can possess them (ie, LEO or retired LEO in state) or 3) surrender. That's it. No firearm is made illegal, other than a firearm with a fixed mag capacity of more than 10, which can be modified, sold, surrendered or registered.
  11. I would guess that this means that a full ban on semi-automatic rifles is not on the table right now. It's the same section of the code that would be modified. And for those who think a lawsuit is going to help with a 10 round magazine limit, dream on. I'm actually a bit surprised at how cautious they are being and would have thought that with Murphy in control and complete contro in the legislature they would have been more aggressive.
  12. 20 or 30 round AR Mags that have already been modified to only hold 15 rounds cannot, I believe, be further modified. So those would become contraband/garbage under this law as I read it.
  13. I am a realist when it comes to the courts or Federal government stepping in to strike down or pre-empt gun laws. As others have mentioned, at best its a long process. That said, there are two bills mentioned above that I don't think we need to worry about: 1) no loaded gun in the home -- that is a direct violation of the holding in Heller and I don't think they will try it and it would certainly be struck down even by the most liberal of judges; 2) Weinberg's smart gun mandate -- she has gotten a lot of flack including in the liberal media bc that bill chilled the marketing and sale of smart guns nation wide. I don't think she will re-introduce it. What I expect, with certainty, in short order: 10 rd mag limit (possibly less, but probably 10 bc that is what already proposed and allows Weinberg et al to appera reasonable) with no grandfathering passing in the next year is a 100% certainty in my book; training requirement for gun purchases; terror watch list and domestic violence related gun bill; .50 cal ban; no private sales, including long guns without NICS check; roll-back of Christie minor expansion of permit to possess (carry) standard; Very possibly coming down the pike in the next few years, maybe sooner: further limitations under state AWB; prohibition on internet ammo sales; gun and ammo tax Just my .02
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