FreeNJ
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Are you sure it would be the same panel? Since that ruling the 3rd circuit has flipped with the confirmations of Paul Matey and Peter Phipps.
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So it still has to move through the entire 3rd circuit before going to SCOTUS?
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FreeNJ started following The new gun law and transporting magazines, Magazine Ban Upheld, Vanaski Retiring!! Breaking News!! 3rd Circuit to Flip Conservative!!! and and 1 other
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A 3 judge panel previously upheld the ban, so the next step should've been en banc before the entire 3rd circuit. So why is only one judge now ruling on this?
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I would think that any weapon where the power of that weapon can be fully controlled by law abiding citizens should be protected by the 2nd amendment. You can make an argument that even fully automatic weapons can be controlled by the user. On the other hand weapons like nukes or biological/chemical weapons that can indiscriminately kill tens of thousands of innocent people, where the power of those weapons can't be controlled, wouldn't be protected since they violate the rights of innocent people. Large magazines don't make weapons uncontrollable and indiscriminate in nature. So should restricting magazine sizes and denying large capacity magazines to law abiding citizens in an effort to reduce violence pass the 2nd amendment test? I would think not. The government should have to prove that law abiding citizens simply possessing large magazines violates the rights of others and is directly responsible for violence, and that magazines restrictions on the law abiding would somehow prevent criminals from obtaining large magazines through other means like the black market. If the government can't prove all these points collectively and I don't believe they can, then the 2nd amendment should protect large capacity magazine possession. And notice I use the term "law abiding" because criminal behavior should have no bearing on the 2nd amendment rights of law abiding people.
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The new gun law and transporting magazines
FreeNJ replied to FreeNJ's topic in Current New Jersey Gun Laws Discussion
From ANJRPC website: "On or after December 11, 2018, it is unlawful for NJ gun owners to possess “large capacity magazines” -
The new gun law and transporting magazines
FreeNJ replied to FreeNJ's topic in Current New Jersey Gun Laws Discussion
According to ANJRPC Monday the 10th is the last day to comply, so can they technically still be shipped on that day if someone chooses to have them transported out of state? I've heard others say the magazines would be illegal on the 10th. -
The new gun law and transporting magazines
FreeNJ replied to FreeNJ's topic in Current New Jersey Gun Laws Discussion
Yes, but a federal Warrant is much more difficult to obtain, there would have to be probable cause that something in the package violates federal law. A firearms magazine wouldn't. So if it's a first class U.S. mail package sitting on your kitchen table at home, local enforcement can't touch it even if they have a warrant to search your home. Anyway, that's what I heard. A sealed 1st class U.S. postal package is protected by the 4th amendment. -
The new gun law and transporting magazines
FreeNJ replied to FreeNJ's topic in Current New Jersey Gun Laws Discussion
According to someone I've spoken with who claims to have legal knowledge if the package is sealed, addressed to someone in another state and has first class postage attached then a Federal Warrant is required to open it even if it's sitting on your home. -
The new gun law and transporting magazines
FreeNJ replied to FreeNJ's topic in Current New Jersey Gun Laws Discussion
Can NJ LE come after you for shipping through the mail? I heard Federal law and the 4th amendment would protect you but I wasn't sure. -
General question, ANJRPC on its website has guidelines for transporting 15 round magazines out of state, or to people in state who can legally own them by the December 10th deadline. They suggest shipping through the mail would be the least likely way to bring on any legal problems, although the way they put that doesn't sound very reassuring. Apparently transporting them by car is now illegal and they suggest avoiding that. So if they are shipped through the mail would that bring about any legal issues with local NJ LE? I've heard that sealed first class U.S. mail packages can only be opened with a Warrant from a Federal judge and that would only be if a federal crime was suspected, and first class U.S. mail packages are protected by the 4th amendment. And if that's the case transporting the sealed package to the post office by car shouldn't be an issue either.