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njJoniGuy

Mag Ban Injunction Hearing 7/12/18

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5 minutes ago, SJG said:

My question is simple: Has any live testimony been presented before the judge--that is a hearing. If the only thing that has taken place is an exchange of affidavits---that is not a hearing. What the hell is going on with this?

According to the docket, live testimony has been presented.

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Apparently, the transcripts of the hearing are also available. You would think that the Association would do an update on their website and post the transcripts. In my book, they are way too slow to respond. At a minimum, they should be linking to the docket.

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1 minute ago, SJG said:

Apparently, the transcripts of the hearing are also available. You would think that the Association would do an update on their website and post the transcripts. In my book, they are way too slow to respond. At a minimum, they should be linking to the docket.

Sometimes less easily accessible information is better.. I’m sure Mda reads ANJRPC

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Just now, Zeke said:

Sometimes less easily accessible information is better.. I’m sure Mda reads ANJRPC

While true, court transcripts are public record. I’m sure MDA and similar have their own way to get that info since their indirect parties and have submitted their own affidavits. 

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Just a quick note- the hearing did in fact take place on the 16. I asked Ant (Gun For Hire) this AM on his site here and he's "hoping" for a judges reply maybe this week. I'm assuming ANJRPC is waiting for that decision before putting out a update , just my opinion on that.

 

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12 minutes ago, siderman said:

Just a quick note- the hearing did in fact take place on the 16. I asked Ant (Gun For Hire) this AM on his site here and he's "hoping" for a judges reply maybe this week. I'm assuming ANJRPC is waiting for that decision before putting out a update , just my opinion on that.

 

Thank you for the update

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d5ebd999-f176-494d-9d38-8783f013a91a.jpg
 
 
THE LATEST ON ANJRPC’S LEGAL CHALLENGES TO NJ MAG BAN AND NJ CARRY LAW
 
Hold Onto Your Magazines – We Anticipate a Decision
On Our Injunction Motion in September and
Will Provide Detailed Guidance Then
 
Carry Lawsuit Moving Through Federal Appeals Court
 
 
It has been a busy summer for ANJRPC’s federal legal challenges to New Jersey’s magazine ban and unconstitutional carry laws. There has been significant activity in both lawsuits, and the following updates have been provided by attorney Dan Schmutter, Esq., who is local counsel in both cases:
 
 
The U.S. District Court held evidentiary hearings over three days during the week of August 13th on ANJRPC’s application for a preliminary injunction in the lawsuit to strike down New Jersey’s new magazine ban (which prohibits the possession of magazines with a capacity over 10 rounds). The injunction application seeks to put the new law on hold while the case is decided. 
 
The Court heard testimony from three of the State’s witnesses and then finished up the week hearing testimony from our expert witness, Florida State University Criminologist Professor Gary Kleck. 
 
The State’s witnesses offered various opinions on the nature and use of magazines with a capacity of greater than 10 rounds. Cross-examination of the State’s witnesses was thorough and crisp, and the Judge was engaged and attentive.
 
Professor Kleck testified that depriving law abiding gun owners of standard capacity magazines holding over 10 rounds will not only not reduce mass shootings, but will also make lawful self-defense more difficult.  He also addressed the opinions of the State’s witnesses, identifying flaws in their data and reasoning.
 
The parties are scheduled to submit closing briefs on the injunction motion on September 4, followed by telephonic oral argument on September 6.
 
[Important Note from ANJRPC: We have received numerous inquiries from gun owners asking for guidance on what to do with their magazines. ANJRPC will issue detailed guidance once we have a decision on the injunction motion, and we suggest that gun owners await that decision before doing anything with their magazines over 10 rounds. In the meanwhile, gun owners are cautioned not to use, transport, or attempt to purchase magazines over 10 rounds – all of which are prohibited and could result in serious criminal charges. Please see prior guidancefrom gun rights attorney Evan Nappen on this subject.]
 
RIGHT TO CARRY LAWSUIT
 
ANJRPC’S federal lawsuit Rogers v. Grewal, challenging New Jersey’s carry law, is moving forward. In May, as expected, the District Court dismissed the case, stating it was bound by a previous decision of the U.S. Court of Appeals for the Third Circuit,Drake v. Filko, upholding the law. We then filed an appeal with the Third Circuit in June.
 
In July, we asked the Third Circuit panel assigned to the case to rule on the appeal “summarily,” without briefing or argument, again on the ground that the panel is already bound by the decision in Drake. We argued that Drake was wrongly decided but that a Third Circuit panel does not have authority to change that ruling. Instead, only the full complement of all Third Circuit judges, sitting together (known as “en banc”), or the U.S. Supreme Court, can overrule Drake. The attorneys for the State agreed, and we are currently awaiting a decision on our motion asking the Court to rule summarily.
 
Whatever happens, the case will inevitably work its way toward possible consideration in the U.S. Supreme Court.
 
Both the magazine ban case and the right to carry challenge were filed with the assistance of the National Rifle Association. ANJRPC thanks the NRA for its incredible support, which made both lawsuits possible. ANJRPC also thanks the law firm of Cooper & Kirk, and attorney Dan Schmutter, for their incredibly hard work in these cases.
 
 
 

 

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10 minutes ago, PeteF said:
Hold Onto Your Magazines – We Anticipate a Decision
On Our Injunction Motion in September and
Will Provide Detailed Guidance Then

Until the fat lady sings, that was the correct decision.

 

 

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On 8/15/2018 at 7:41 PM, voyager9 said:

Obviously without extensive training putting a 15-round mag into a fully-semiauto firearm causes the user to spray bullets in random directions hap-hazardous.  Equally obvious, only using 10-round mags completely cures this affliction. 

Strange, I was fine qualifying with my M9 Beretta, and I was still fine a few months later, after retiring, firing my Beretta 92F.  Never got the "affliction".

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15 minutes ago, JimB1 said:

So is the 10 round limit in effect now? They are saying not to transport magazines over 10 so that would imply the law is in effect already not December.... or am I missing something...

-Jim

The 10 round limit is in effect for any NEW purchases and some are saying don't transport your 15's when going to the range right now. Being in possession of 10+ is legal until December.

As of December, possession of 10+ will be illegal.

 

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11 minutes ago, JimB1 said:

So is the 10 round limit in effect now? They are saying not to transport magazines over 10 so that would imply the law is in effect already not December.... or am I missing something...

-Jim

 The travel issue is because an already existing law forbids transporting (among other things) "hi cap mags" which is what the state now calls 11+. Typical ambiguous, confusing NJ bullshit so the legal eagles are suggesting dont transport.

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The 10 round limit is in effect for any NEW purchases and some are saying don't transport your 15's when going to the range right now. Being in possession of 10+ is legal until December.
As of December, possession of 10+ will be illegal.
 


Unless the injunction is granted in full.


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So let’s see, if we don’t get the injunction, and you have 15 round magazines in your home you are is a felon but if you get caught bringing them to an FFL to get them converted, you are a felon and if you get caught bringing them across the state line to get rid of them you are a felon. 

Well, NJ is definately living up to it’s reputation for screwing its citizens again...

-Jim

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34 minutes ago, JimB1 said:

So let’s see, if we don’t get the injunction, and you have 15 round magazines in your home you are is a felon but if you get caught bringing them to an FFL to get them converted, you are a felon and if you get caught bringing them across the state line to get rid of them you are a felon. 

Well, NJ is definately living up to it’s reputation for screwing its citizens again...

-Jim

We are allowed to possess them until some day in Dec, injunction or not. The injunction if granted allows us to keep them for the duration of the lawsuit.

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12 minutes ago, siderman said:

We are allowed to possess them until some day in Dec, injunction or not. The injunction if granted allows us to keep them for the duration of the lawsuit.

Right but the second you step out your door with them right now, you are a felon. So if the injunction doesn’t happen, I guess they need to be vaporized in your house because there is no legal way to get them out of the state or to a place to be converted.

-Jim

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47 minutes ago, JimB1 said:

Right but the second you step out your door with them right now, you are a felon. So if the injunction doesn’t happen, I guess they need to be vaporized in your house because there is no legal way to get them out of the state or to a place to be converted.

-Jim

look in the Yellow Pages under

GUNSMITHS; housecalls.

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If a "high capacity" magazine is a dangerous weapon, can we bring them to one of those illegal transfer gun "buy back" events? Suck up all the funds for mags and buy some milsurp rifles in the parking lot with the funds. :D

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If a "high capacity" magazine is a dangerous weapon, can we bring them to one of those illegal transfer gun "buy back" events? Suck up all the funds for mags and buy some milsurp rifles in the parking lot with the funds. [emoji3]
Now that sounds like a plan.

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9 hours ago, ChrisJM981 said:

If a "high capacity" magazine is a dangerous weapon, can we bring them to one of those illegal transfer gun "buy back" events? Suck up all the funds for mags and buy some milsurp rifles in the parking lot with the funds. :D

That happens a lot in FREE states!

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