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Starting Tomorrow, Gun-Owners in New Jersey Will Be Charged with Felony for High Capacity Magazines

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As of midnight Tuesday, anyone owning a magazine capable of holding more than 10 rounds in New Jersey will be deemed in violation of the law.

The legislation, A2761, signed into law by Democratic Gov. Phil Murphy in June, alters the state’s definition of a “large capacity ammunition magazine,” taking the maximum capacity from 15 to 10 rounds.

Owners of the newly prohibited magazines are required to forfeit possession of them or modify them to accept no more than 10 rounds by Tuesday, December 11.

Daniel Horowitz with Conservative Review highlighted, “Unlike previous magazine bans, this one retroactively bans people from even owning such magazines in their homes, even though they had been purchased legally.”

A violation of the ban is a felony of the fourth degree, which carries with it jail time of between 0 and 18 months, and a fine of up to $10,000.

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The ban was upheld last week by the 3rd U.S. Circuit Court of Appeals, in a 2-to-1 ruling.

Judge Patty Shwartz, who was appointed by former President Barack Obama, wrote in the majority opinion that the law “reasonably fits the State’s interest in public safety, and does not unconstitutionally burden the Second Amendment’s right to self-defense in the home.”

Further, she determined A2761 does not violate the 5th Amendment’s “Takings Clause” because it gives owners the option to modify their magazines.

Judge Stephanos Bibas, appointed by President Donald Trump, contended in his dissent that the A2761 should have received “strict scrutiny” because it concerns a fundamental right enumerated in the Bill of Rights.

Do you think the New Jersey high capacity magazine ban is unconstitutional?

“The Second Amendment’s core is the right to keep weapons for defending oneself and one’s family in one’s home,” he wrote. “The majority agrees with that this is the core. So, whenever a law impairs that core right, we should apply strict scrutiny, period.”

Bibas argued the majority applied a rational review test, which is forbidden according to the 2008 Supreme Court’s District of Columbia v. Heller decision, which was authored by the late Justice Antonin Scalia.

Gurbir Grewal, New Jersey’s attorney general, tweeted on Thursday that the 3rd Circuit’s decision is a “big win for public safety and law enforcement safety” and upheld “a sensible law to address mass shootings.”

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Scott Bach, executive director of The Association of New Jersey Rifle and Pistol Clubs, is promising to appeal the ruling to the U.S. Supreme Court.

“This decision is plainly wrong and upholds New Jersey’s unconstitutional law turning one million honest citizens into felons for keeping property obtained legally that could be used for defending their lives,” Bach told The Hill. “The decision will be further appealed.”

According to NJ.com, eight other states have high capacity magazine bans similar to New Jersey, including California, Colorado, Connecticut, Hawaii, Maryland, Massachusetts, New York and Vermont.

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Randy DeSoto has written more than 2,000 articles for The Western Journal since he joined the company in 2015. He is a graduate of West Point and Regent University School of Law. He is the author of the book "We Hold These Truths" and screenwriter of the political documentary "I Want Your Money."
Randy DeSoto is the senior staff writer for The Western Journal. He wrote and was the assistant producer of the documentary film "I Want Your Money" about the perils of Big Government, comparing the presidencies of Ronald Reagan and Barack Obama. Randy is the author of the book "We Hold These Truths," which addresses how leaders have appealed to beliefs found in the Declaration of Independence at defining moments in our nation's history. He has been published in several political sites and newspapers.

Randy graduated from the United States Military Academy at West Point with a BS in political science and Regent University School of Law with a juris doctorate.
Birthplace
Harrisburg, Pennsylvania
Nationality
American
Honors/Awards
Graduated dean's list from West Point
Education
United States Military Academy at West Point, Regent University School of Law
Books Written
We Hold These Truths
Professional Memberships
Virginia and Pennsylvania state bars
Location
Phoenix, Arizona
Languages Spoken
English
Topics of Expertise
Politics, Entertainment, Faith




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