Forced Destruction of 15-Round Mags Is Constitutional Says Federal Judge

Forced Destruction of 15-Round Mags Is Constitutional Says Federal Judge

Gov. Phil Murphy, the chief proponent of the law that forces gun owners to destroy, surrender, or permanently modify their 15-round mags. (Photo: Murphy/Facebook)

A federal judge denied a motion to block a New Jersey law that calls for the forced destruction of magazines with a capacity over 10 rounds.

The ban, signed into law by Gov. Phil Murphy back in June, gives gun owners 180 days to comply. That deadline is Dec. 10, 2018.

Immediately after Murphy put pen to paper the Association of New Jersey Rifle and Pistol Clubs (ANJRPC) challenged the ban on the grounds that it was unconstitutional.

In a 33-page ruling (see below) released on Friday, Peter G. Sheridan, United States District Judge for the District of New Jersey, rejected the arguments of the ANJRPC that the law violates the Second, Fifth and Fourteen Amendments.

“New Jersey’s LCM [Large Capacity Magazine] law does not prevent ownership of any type of gun and does not restrict the quantity of ammunition a gun owner may possess. It merely restricts the quantity of bullets a magazine may hold,” wrote Judge Sheridan.

“To illustrate, a citizen who owns a gun, thirty rounds of ammunition, and two fifteen-round magazines prior to the LCM law’s enactment will be permitted to retain his gun, ammunition, and three ten-round magazines,” he continued. “The LCM law restricts the amount of ammunition one magazine can hold.”

New Jersey Attorney General Gurbir Grewal celebrated the ruling on Twitter as a “Big win for public safety.”

Meanwhile, the ANJRPC has already filed a notice of appeal, along with papers seeking “an expedited decision halting the law during the appeal.”

ANJRPC not only wants the law declared unconstitutional they want it to be pulled off the books until such a decision is rendered.  The organization hopes to have an update on the injunction by late October, early November.  If they fail in their quest to block the ban during the appeal process, gun owners will be forced to destroy, surrender or permanently modify their magazines by that Dec. 10 deadline.

Failure to comply with the law is a crime of the 4th degree with a maximum jail time of 18 months and a maximum fine of $10,000, according to New Jersey Attorney Evan F Nappen.

SEE ALSO: Lame Duck Christie Signs Bump Stock Ban: New Jerseyans Have 90 Days to Surrender Them

“Hundreds of thousands of otherwise honest citizens have now been turned into potential criminals for possessing lawfully obtained magazines over 10 rounds,” states the Nappen website. “A conviction for unlawful possession of a large capacity magazine under NJ law is a ‘crime’ which is the equivalent of a ‘felony conviction.’ A person who is convicted loses their Second Amendment Rights and becomes prohibited throughout the entire United States for possession of a firearm.”

The ban covers handgun mags as well, not just those made for modern sporting rifles. Making matters worse is that New Jersey is notorious for prosecuting well-meaning gun owners who mistakenly violate the state’s draconian gun laws.

Recall the story of Shaneen Allen, the single mother and licensed concealed carry permit holder from Pennsylvania who made the mistake of telling NJ police that she had a firearm on her person during a routine traffic stop while driving the Garden State.  She was a Chris Christie pardon away from spending two to three years in prison for unlawful possession of a weapon and possession of hollow point ammunition.

Should this mag ban remain the law of the land, it’s not hard to imagine a future where a new Shaneen Allen situation involving a “Large Capacity Magazine” is cropping up every week.

“This anti-Second Amendment ruling highlights why nominations to the federal courts are so important,” said Alan Gottlieb, the founder of the Second Amendment Foundation in an email to GunsAmerica.  “And underscores why gun owners must turn out in record numbers in the upcoming midterm elections. Our Second Amendment rights are always one election away from extinction.”

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  • Phil January 15, 2021, 7:01 am

    Does the State Constitution have an ex-post facto section? The federal one does.

  • Tommy December 6, 2018, 10:40 am

    A list needs to be created of the names and addresses of law enforcement personnel who will swear to not enforce these unconstitutional “laws”, and those who will not swear to stand down. Those who will not commit to stand down should be considered as those who will attempt to serve the traitors and participate in the actual rebellion against the People, Our Republic, and Our Constitution. We must begin the process of listing the names of tyrants and their mercenaries as legitimate primary targets.

    • James J. May 31, 2019, 6:55 am

      It will make no difference to more than a few how this turns out even in California where every last one of our firearm owner friends have unanimously and quietly agreed to NEVER abide by any anti second amendment laws. As our peace officer friend there has stated: “As long as California is still part of the USA not its own country? I will not honor or enforce any “feel good” Law Sacramento passes that infringes upon the 2nd amendment rights of law abiding, non felonious firearm owners that essentially turns them all into criminals merely for possession of hi-cap mags.”….

    • Charlie August 2, 2019, 1:38 pm

      Absolutely!!!!if not go out a guns a blazing what’s it going to take for these hard headed sobs to understand we will not just give up our god given rights in the constitution without dying for them first. I mean 18 months in jail and 10k in fines We don’t hAve and 50k in legal fees to fight it in court that we don’t have they’re just asking for someone to flip the right switch and shits gonna hit the fan. I’ll be damned if I give up anything to a progressive socialist or shut my mouth and run from an antifa hoard. It’s not gonna happen here and there are thousands that feel the same way deep down that this is the way it’s probably gonna go down. Just like the civil war brother against brother it’s sad but very realistic. Sorry I’m ranting I haven’t had much sleep.

  • Tommy December 6, 2018, 10:29 am

    Lots of new names on the list of anti American traitors in actual rebellion…..IF civil war ever ensues, they are by their own actions and signatures, legitimate primary targets.

  • Tommy December 6, 2018, 10:25 am

    Combat studies demonstrate that semi-automatic rifles with high capacity magazines are defensively effective against an assault force using fully automatic rifles. Therefore, hi-caps are a necessary compliment to the preservation of popular sovereignty. Banning hi-caps = a reverse polarity of the sovereignty = CIVIL WAR.

  • Jon October 12, 2018, 10:23 pm

    Oh. Brilliant. A f’n hindu is going TO TELL ME HOW TO LIVE?
    Good luck with that.

  • MJ October 8, 2018, 11:42 am

    How about this? Use a large capacity magazine in an offensive criminal manner then confiscate them.

    Of course it’s easier to make law abiding citizens comply. Democrats, always a democrat.

  • St wall October 8, 2018, 5:41 am

    The only way to stop these federal judges is to incarcerate them, so they can’t steal our freedoms and constitutional Rights.

  • Chuck Green October 7, 2018, 11:08 am

    If the choice is to comply or become a felon….. I’ll be a felon….

  • Ken October 6, 2018, 11:11 am

    What about tube fed rifles that have been around for decades? Most are 22 caliber and have been used for teaching new shooters gun safety. Many, especially the lever action rifle will shoot 22 shorts, longs or long rifle ammo. Some will hold close to 20 short rounds and longs and long rifle ammo in numbers close to the 15 number. There are no clips to modify, no way to easily modify to tube to reduce the capacity. What about these rifles many of which are collector pieces?

  • d rasher October 6, 2018, 12:13 am

    4 words! SHALL NOT BE INFRINGED! If I choose to put 15 rounds into my gun, I “SHALL NOT BE INFRINGED”! i AM NOT TURNING IN, DESTROYING, OR MODIFYING SHIT! Go “F” yourself, ……. your honor!

    • kjj October 6, 2018, 2:54 pm

      The only way you can fight these unconstitutional socialist judge rulings is by civil disobedience that you speak of. If we turn into sheep when we should be fighting for our constitutional right than the united states will no longer be a free republic, but will be a democratic dictatorship. Just as the people threw the tea into the harbor Dec 16 1773, a act of defiance against taxes we need to defy these judges and refuse to buckle under to there socialist shit rulings. Strength in numbers, if no one adheres to this unconstitutional ruling, what are they going to do send hundred of thousands of law abiding citizens in prison! I think not!

  • stan October 5, 2018, 11:25 pm

    Here is where your legal eagles can get the briefs for the 9th Circuit California case in which an injunction was issued in a similar case. The Case is Duncan v. Becerra. 9th Circuit sent it back to District Court because it had a possibility of winning.

  • Joe October 5, 2018, 10:10 pm

    I hate this hell hole New Germany….

  • FWiedner October 5, 2018, 9:23 pm

    The People are the final say on what and what is not constitutional. If laws are abusive of the People, or infringe on the rights of the People, then the People are beyond that jurisdiction.

  • Eugene David Waybright October 5, 2018, 8:52 pm

    I hope that you take the case to the Supreme Court with Judge Kavenaugh. He believe in following the constitution especially 2a

  • kjj October 5, 2018, 8:20 pm

    One of Obama’s minions no doubt. As soon as kavanagh takes his seat on the supreme court. Hopefully we can get some of these liberal judgments against the constitution overturned.

  • Scotty Gunn October 5, 2018, 6:19 pm

    Next, it will be five. Then one.

  • ExGob October 5, 2018, 6:07 pm

    Here’s more of that dumbass thinking coming from idiots in power. How long will it be before some judge disallows a girl to own any doll of more than twelve inches in height? It all amounts to the same thing: A judge using his position to “show y’all that I’m in charge”.

    If this move is intended to address gun safety, both the sponsor and the judge screwed up. Most gun savvy guys can drop a magazine and install a new one quicker than a cat can jump. It’s the principle that matters here. Just another anti-gun decision by one of the anti-gun crowd.

  • Roger Topping October 5, 2018, 5:56 pm

    I live in NJ. I have to live in NJ because this is where I was born and where I have my professional licenses and ability to work. I did not vote for that Villain Murphy. Murphy made two what I call predator relief actions. One is that I now cannot defend myself as effectively in my rural community against home invading criminals who won’t abide by the law. The second is that we can no longer hunt bears on state land so the next person who gets mauled, that’s on him. I am surprised by how many of my fellow citizens don’t know about the 10 round law so God knows how many felons we are going to have in this state come December 10 and I don’t’ know of anyone who knows about the law who is going to turn in or destroy their mags, just hide them where the previously banned 20 and 30 round mags are hid.

    • Mike October 6, 2018, 2:39 pm

      I don’t mean to be disrespectful, but you are wrong.
      You do not “have to” live there, you” choose to” live there. What ever your professional license is I would be willing to bet it can be received in a free state. As long as people cave in to these fools with such excuses as you used, this garbage will never stop.

  • Skytrooper October 5, 2018, 5:15 pm

    “Once again a Lib Dem. makes a decision for the govt. to confiscate your property without proper compensation” — Your so-called “Lib Dem,” U.S. District Court Judge Peter G. Sheridan, is a Republican appointed by George W. Bush. If you think Republicans can be counted on to support the RKBA and Second Amendment then your ignorance is appalling. The two most vehemently anti-RKBA SCOTUS justices, Warren Burger and John Paul Stevens, were appointed by Republican presidents, Richard Nixon and Gerald Ford. Liberal David Souter was appointed by George H.W. Bush. Ronald Reagan tried to appoint Robert Bork to SCOTUS. The same Robert Bork who said he would never enforce the Second, Ninth and Tenth Amendments. Ronald Reagan signed the Mulford Act in 1967 which prohibited “open carry” of loaded firearms in California, endorsed the Brady Bill in 1991 then wrote members of Congress in 1994 urging them to vote for Bill Clinton’s “assault weapon” ban. In 2004, George W. Bush wanted to make Bill Clinton’s (now-expired) AWB a permanent federal statute.

    • Mike October 6, 2018, 2:46 pm

      The antique ginsberg is pro gun is what you are saying? The two grease balls that obuma appointed are pro RKBA? You know why I know you are lying, because you say Bush wanted to keep the Clinton ban, guess what it died at the sunset date didn’t it?
      The east coast and west coast are contaminated by dumbocrats, both of the areas have some of the worst gun laws in the nation and the highest crime rates in the nation, go sell you ,manure to somewhere else.

  • Bill October 5, 2018, 4:20 pm

    let me be more precise;
    The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things …

    • deanbob October 6, 2018, 7:38 am

      Progressives motto (Rep or Dem, or any other party) )Never let an amendment in the bill of rights get in the way of big government!

      The bigger the government the smaller the individual (liberty).

  • Bill October 5, 2018, 4:14 pm

    Put a 4th Amendment sign in your front yard with a postscript; “COME GET THEM” after I empty them into anyone entering my domicile.

  • Ghost October 5, 2018, 4:04 pm

    This why ALL Communist Democrat Judges must go !!

    • Winston October 6, 2018, 12:25 am

      The federal courts are run by the same Ivy Leaguer Establishment that runs Wall Street and also makes up the Boston to Wash., DC ruling class. This is the culmination of post-WWII US neo-liberalism. The US Establishment fears dissent in all forms.

  • BRASS October 5, 2018, 3:34 pm

    If New Jersey were the only surviving state left intact after a nuclear holocaust that was safe to live in, I would have to think about it and only if that was the only way for my family to survive would I consider living in that land run by corrupt politicians, corrupt officials and corrupt liberals.
    If I were single, I’d probably choose death by irradiation from living in a contaminated nuclear blast area before moving to that nest of vipers and commies.

  • JD October 5, 2018, 2:30 pm

    By that reasoning the judge might think it constitutional to own a Glock 19 with factory capacity of 15 rounds to switch to a glock 19 and 15 one round magazines. After all the person can still own the gun and carry around 15 rounds with him. or how about a more lenient judge and allow the person to carry around 5 three round magazines. After all he still has 15 rounds with him. It is still infringement and not allowing parity with the governments enforcers:police and troopers.

  • BigC October 5, 2018, 2:28 pm

    Commie BASTARDS!!!!!!!!

    • Winston October 6, 2018, 12:27 am

      The federal courts are run by the same Ivy Leaguer Establishment that runs Wall Street and also makes up the Boston to Wash., DC ruling class. This is the culmination of post-WWII US neo-liberalism. The US Establishment fears dissent in all forms.

  • Robert (Drew) Cook October 5, 2018, 2:25 pm

    The judge is an idiot — as so many that make dumb decisions like this are.

  • Dennis Weiss October 5, 2018, 2:24 pm

    My wife and I moved out of New York & New Jersey in 1972 and reside in Georgia. People here carry gun’s to the supermarket. Bad guys have hard time breaking and entering and living. But the stupidity of New Jersey Governor is unbelievable so I’ll now have to carry three 10 round mag’s instead of to 15 rounders to rob & murder.WOW! FIX YOUR LAWS

  • Area 52 October 5, 2018, 2:14 pm

    The people of New Jersey do not like their right to the second amendment. There are not enough pro gun people in the state to make a difference. They elected the liberal anti gun idiots so that’s what they got. Anyone who wants to own guns that has the means to moved out. That’s my only advice to gun owners of NJ, only if you do move out leave your liberal values behind.

    Note that Chris Christie was anti gun but he was the best friend gun owners had in that state.

  • Curtis Haby October 5, 2018, 2:11 pm

    So how many rounds does the judge carry or his security detail?

    I bet it’s just as many or more than the governor and his detail.

  • hoochbear October 5, 2018, 12:51 pm

    Bad enough…the .limit…even worse “will…”.not the same as “ permitted.” .The “Will be Permitted…” phrase…implies the State of NJ, in its “wisdom?” decides it will so generously let yall have 10 round mags. Reminds me of t hose so called “gun free” zones around schools where residents “may” have a gun. NJ thinks it is the ultimate arbiter of …guns & magazines. period.. Does the bill come after .22 rimfire mags. like the Ruger BMX 25? Probably. . Thank God I live in Georgia. .

  • Chris Hardman October 5, 2018, 12:05 pm

    Why stop there? Why not limit magazines to one round? Just carry 30 magazines. Once again a desperate and poorly thought out law to try to control people. Here is another law that makes you a criminal even though you have not violated any rights of your fellow man. Whom ever writes these laws spends 10 minutes doing so and takes the rest of the week off to pat their own back and play golf with their brown nosed buddies. Idiots.

    • Deabnbob October 5, 2018, 1:47 pm

      This is the kind of thing that Justice Kavanugh to vote against!

      • deanbob October 6, 2018, 7:53 am

        Pardon my lack of clarity in my post above. I’d like to believe that he will support and defend the constitution to its fullest. That is why he was lied about and maligned by the progressives. Yet,
        1. Rachael Mitchell’s report cast serious doubts about Dr Ford’s statements (it is online to read)
        2. Dr Ford’s boyfriend of 6 years sent a letter to congress refuting most of what she said. He refuted things like Ford lived in a 500 sq ft place with on 1 door for some time – with only 1 door, that he and she flew around a lot in Hawaii and she never said or seemed afraid to fly, that she never mentioned the attack nor of knowing Mr K, after he took her off his credit card, she continued to use it until he threated to get the authorities involved, and she thoroughly explained the polygraph process to Ms McLean, who was interested in a government job that required a polygraph. A copy of the letter is also online.
        3. The Wall St Journal wrote an article that said Ford’s friend, ex-FBI McLean tried to get Leland (Ford’s best friend at one time) to change her testimony to support Ford.

  • Brian October 5, 2018, 11:48 am

    And yet another scumbag politician and his lackey judge from one of the 13 original colonies that rebelled against King George and his tyranny has come to embrace that same tyranny once again in his mad quest for power and total control over the subjects of New Jersey, The Garbage State.

  • mike m October 5, 2018, 11:46 am


    Until you get caught—LOL

  • David Welsh October 5, 2018, 11:28 am

    Liberal judges and politicians are AGAINST the Constitution. Ignore, nullify, do not comply. If they can limit you to 10 rounds, then they can go to 5, then to 1. All for “public safety,” doncha know? These are the same sort of pukes who put forth the lying Blast Ford to destroy a good man.

    • deabbob October 5, 2018, 1:53 pm

      This is the kind of thing that Justice Kavanugh will likely vote against!

  • Wade October 5, 2018, 11:22 am

    What constitutes ‘destruction’? As stated before, just who is to perform the ‘destruction’? The owner or the ‘state’? And what about that pesky 5th Amendment about ‘Just Compensation’? Or even that bit about ‘ex post facto’?

    Me thinks this was, as usual for the Dims, not given any real thought.

  • Russ M October 5, 2018, 11:01 am

    Once again a Lib Dem. makes a decision for the govt. to confiscate your property without proper compensation even though when purchased the mags were legal . TYPICAL LIB WHO WANTS BIG GOVT.

  • Brandon F. October 5, 2018, 10:48 am

    To anyone who is carrying a pill bottle holding more than 10 opioids…they must be destroyed immediately. It is covered by the constitution. It is in my power to protect you and the citizens of the United States.
    To any young driver in the age group of 16 and 24, that uses a cell phone while they drive, must drive their vehicle to the nearest scrap yard and have the vehicle crushed…it is covered by the constitution. It is in my power to protect you and the citizens of the United States.
    To any of the doctors that care more about money than one of the 700000 people that died from medical malpractice you are to find the nearest train and hop in front of it, it is covered by the constitution. It is in my power to protect you and the citizens of the United States.
    To any diseases out there, especially you flu, who is responsible for 300000 people killed last year, you are to surrender yourself to the proper authorities to be disposed of. This is a common sense solution flu! It is covered by the constitution. It is in my power to protect the citizens of the United States.
    All I can say, these people are idiots, there are just no more words…

  • Andrew October 5, 2018, 10:41 am

    How very nice.
    They will be “permitted” to retain.
    So, do gun owners in Joisey call Harry Potter to “Hocus Pocus” their 2, 15 round magazines into the 3 “permitted” 10 round magazines?
    Oh, no.
    They are “permitted” to now go “purchase new property to replace formerly legal property they must dispose of or sell out of state.”

    I wonder how many rounds that judge’s security detail have in their magazine…
    Probably 10 of course, or he’s displaying hypocrisy.

  • Tom McDonald October 5, 2018, 10:40 am

    I will never comply, I will never surrender.

  • Tony October 5, 2018, 10:38 am

    This case should be argued on the basis of illegal Government taking of property. If the magazines were acquired and kept legally, then the Government should not have the right to pass a law banning them and making it retroactive to existing legally owned magazines. What happens when the Government gets overzealous about cars not meeting certain safety, mileage, or emission requirements and forces owners to destroy their cars that do not meet current standards.

  • Jim October 5, 2018, 10:34 am

    This is like destoying all alcoholic bottles bigger than 4 ounces to stop drunks.

  • Jim October 5, 2018, 10:30 am

    So they know for a fact how many shooting victims have been shot by rouns 11 thru 85?

  • Silverbullet October 5, 2018, 10:20 am

    Like some have said , if you voted it in you got what you wanted. If you didn’t vote you aloud it in.
    With all things political , democrats have there agenda , it’s much more then guns and ammo. It’s all of the constitution , they’re the original slavers and slave owners . Ck history this is just stepping stones to enslaving all for there good. So if you live in NJ I pity you and advise you move the hell out.

  • Tom Evans October 5, 2018, 10:14 am

    We are going to loose fights and win them back along the way. in the mean time, lawful owners with STANDARD CAPACITY 25 ROUND, AND STANDARD CAPACITY 30 ROUND MAGAZINES should consider popping the bottom off the mags and simply inserting a wooden plug, (easily cut in a home shop) that pushes the spring up to prevent these mags from being containing more than 10 rounds and not surrender them to anyone, until the law is successfully challenged.
    all mags in AR platforms have this ability to “Plug” the mag and allow them to keep their investment till the war is over.
    after that, or in time of tyranny, PULL THE PLUG

    • Skypilot October 5, 2018, 10:48 am

      Tom, I think you may have missed the part about the magazines being permanently modified to a capacity of 10. Just putting a plug in won’t cut it. They would have to weld the bottom plate on once the plug is in place…and even that may not satisfy the law, depending on how it is written.

      Better to work hard to defeat the anti’s at the polls so they don’t have to worry about ridiculous laws like these.

      Be safe, y’all!!

  • Occams October 5, 2018, 10:11 am

    YAY!! MAGA!!

    Or something….

    “Meet the new boss. Same as the old boss”

  • Alan October 5, 2018, 10:09 am

    What is it that people do not understand about the Second Amendment? It is quite simple, “the right of the people to keep and bear arms, shall not be infringed.”

    Ammunition is an integral part of any gun, therefor it shall not be infringed upon, either!

  • Deadmeat99 October 5, 2018, 10:04 am

    Forced to destroy them by whom? Here’s an idea: tell them to get ****ed and keep your magazines.

  • Fother Mucker October 5, 2018, 9:50 am

    This sounds just like the debunked “Separate but Equal” Jim Crow Court decisions. People of NJ have the moral obligation to scoff this illegal and immoral law. SCOTUS needs to come to the rescue, and soon.

  • joefoam October 5, 2018, 9:45 am

    Another activist posing as a judge. These people need to be swept out of their seats on the bench.

  • KimberproSS October 5, 2018, 9:40 am

    It is a death of 1000 cuts. What real result does anyone get by limiting the capacity of a magazine? The human shouldering the rifle that commits mass murder, in most all if not all cases, has planned their attack. They will have as large a magazine as they can get their hands on during the planning phase. Honestly, a bag full of 10 round mags will limit the number of bullets downrange by a couple if the murder has spent 10 minutes learning how to set up and quickly reload. The government passes these ridiculous laws infringing to whittle away at the 2nd A. Mag. Capacity, onerous licensing processes, outlawing certain classes of firearms do nothing to address the sick human issue that is the root cause.

  • Dan Barnes October 5, 2018, 9:39 am

    “To illustrate, a citizen who owns a gun, thirty rounds of ammunition, and two fifteen-round magazines prior to the LCM law’s enactment will be permitted to retain his gun, ammunition, and three ten-round magazines,” he continued. “The LCM law restricts the amount of ammunition one magazine can hold.”

    That logic would only work if the government was providing the citizen with 3 ten round magazines in exchange for his or her 2 fifteen round magazines . Ex Post Facto laws go against the most basic tenets of our legal system and depriving NJ citizens of property that was legal at the time the acquired it without reasonable compensation should be considered theft under color of authority.

    • Glen October 5, 2018, 10:31 am

      If you accept there gun plus ammunition argument as valid, then what would be invalid about banning everything but single shot weapons? After all, you still own a gun and the same 30 rounds; you just have to put them in one at a time, oh and by the way you also have to push them in from the muzzle. Give an inch…lose a mile!

  • To. October 5, 2018, 9:22 am

    The ruling itself indicates that the law is “arbitrary and capricious” by stating that on owner can still have thirty rounds of ammunition, just in three magazines instead of two. What then is the purpose of the law? Just to be able to say “we did something”? To get the foot in the door for more onerous rules? It is just more snatch and run grabs at our freedoms.

  • tom winn October 5, 2018, 9:21 am

    I advocate non compliance with this or any ‘law” passed by another federal/state judicial fool. NJ is yet another cesspool in the USA where being on the “iron highway” there is no way in hell this or any law like it can be enforced. If any gun owner does not want to comply -in any fashion- with this or RED FLAG laws , they do not have to-and there arent enough LEO in the whole country to effectively enforce this crap.500 million guns in private hands in the USA- and how many other guns are owned by felons. Good luck.

  • MB October 5, 2018, 9:11 am

    Maybe it’s time for limits on the number of bills a state legislation or congress can pass. I guess most judges and law makers never read the Constitution, missed the words “Shall not be infringed” which makes every gun and ammo control law in the country invalid and unconstitutional. Short of civil war this B.S. is never going to stop. Keep your power dry….

  • AJ October 5, 2018, 9:03 am


    verb (used with object), in·fringed, in·fring·ing.
    to commit a breach or infraction of; violate or transgress

    verb (used without object), in·fringed, in·fring·ing.
    to encroach or trespass (usually followed by on or upon):

    Origin of infringe
    1525–35; < Latin infringere to break, weaken, equivalent to in- in-2 + -fringere, combining form of frangere to break

    Synonyms for infringe
    See more synonyms for on
    1. break, disobey. 2. poach. See trespass

    Government loophole 101:
    Infringe on rights by forcing people to infringe on their own rights……

    Got it

    Interestingly enough, the definition and synonyms have been changed since I last checked them.
    One of the synonyms used to be 'limit'

    • trapperwv1 October 5, 2018, 11:42 am

      Infringed is not the problem word they know what that means. The word “shall” is the word they don’t recognize as in elementary English. Shall, should. and may, shall means this is the only way you act , should means this is the correct way to act , and may means you can act this way if you desire. Shall is the operative word and connected in the statement “the right of the people to keep and bear arms SHALL not be infringed” I am amazed any judge who is impartial and non partisan can stand behind any ruling that goes against this statement. Stupid is as stupid does and all disrespect intended , judges that don’t follow the Bill of rights as written are no more than politicians with an agenda.

      • AJ October 5, 2018, 5:52 pm

        Yes I agree.. but that is the issue. Judges that don’t follow their own rules shouldn’t be judges. Federal law prohibits any judge from reaching a decision or making a ruling that may have an effect on legislation if they can not be impartial to the case. They can not be partisan or influenced by partisan bias. But that is exactly what this is. I mean, with his comments he made, it would literally be enough for them to push him off the bench on anything related to firearms. But thanks to our snowflake society, it’s not the case.

  • Al October 5, 2018, 9:03 am

    Hmm, I wonder if the real criminals are lined up to turn their Glock Mags in?????
    I’m sure they will, right?

  • ArturS October 5, 2018, 8:57 am

    It is necessary to initiate a law to oblige the New Jersey government to surround the state with a fence with barbed wire. Neutral lanes and free weapons storage points for all Americans visiting the territory captured by the Communists.

  • Mr. Sparkles October 5, 2018, 8:47 am

    Peter G. Sheridan apparently has trouble reading. The 2nd amendment says “shall not be infringed”. Any law that in any way impacts a persons in a negative way is by definition an infringement.

  • Wil Ferch October 5, 2018, 8:36 am

    Look at similar draconian NYS SAFE law act….and what’s going on in California and elsewhere. So the question is…..where is the NRA in all this? All I get is notices how great the organization is to fight such laws…..seems to me from all this history that NRA is big on donations and membership drives……is NOT very effective from a legal perspective to fight this sort of thing AHEAD \OF TIME ( lobbying, influencing, etc)….yet,…..will after-the-fact say “send us more money so we can fight these unjustices after they are inacted”. Seems to me 1.) they can be more pro-active on the legal side, and 2.) maybe this is their game plan all along to get more incensed gun folks involved AFTERWARDS so they get the most money that way. NRA didn’t fight SAFE law effectively BEFORE it went down…..and had scant influence LATER to get it overturned…..those later efforts were all grass-roots done separately and funded separately.

    • Altoids October 5, 2018, 9:03 am

      Can you imagine where we’d be WITHOUT the NRA?

      You’d be lucky to be able to purchase a double-action revolver. After all, it fires one round with each trigger pull, effectively defining it as a semi-automatic which most certainly would have been banned by now, had there been no NRA.

      The NRA my not be perfect, but it’s the single most complained about organization by the left in this country.

      They’ve got to be doing something right.

    • Clint Wilde October 5, 2018, 9:20 am

      How many guns in this country? How many members in the NRA? How much money does Soros and Bloomberg have? What nationwide news network does the NRA get good press in? The NRA has to be like the Teamsters of old, you make demands, no matter how ridiculous they seem, and compromise. You have to have the membership backing, you have to deal with folks that know how to compromise. The bottom line is an educated populace on the truth on firearms, and not brainwashed lemmings that will jump off any cliff Democrats, judges, and left wing media tells them to.

    • Johnny Raygun October 5, 2018, 9:27 am

      For the most part, I have given up on the NRA….. And if it proven the NRA has taken money from the Russians for political gain, I propose we find or start a new Organization.

  • George October 5, 2018, 8:36 am

    Using this argument, it would be constitutional to limit magazine capacity to a single round. You could still carry 30 mags !

    • Clint Wilde October 5, 2018, 9:16 am

      Where my son lives in ILL, the range he uses only allows one round to be loaded at a time, regardless of the style of rifle. He visited me in SC and shot up a case of 7.62X39 in his AR clone from a bunch of 28 round mags(30’s seem to have issues) and said he had to get his mag time in before he had to go back to single shot land.

      • Jake October 5, 2018, 11:25 am

        I heard a “rumor” that quite a few 10 round .40 S&W mags hold and function quite well with 15 rounds of 9 sillimeter. Rumor said they tried it and it worked real well. Rumor said to try it with your particular make and model.

  • Bad Penguin October 5, 2018, 8:24 am

    Democrats in NJ are insane when it comes to guns owned by Law Abiding Citizens. They have really tough gun laws but never seem to use them against criminals, only law abiding citizens that own guns.

  • DW October 5, 2018, 8:12 am

    I am a former resident of NJ, but I still go to a range in NJ as it is outdoors and still relatively close to where I live, after Dec 10 that range is one I will no longer be able to visit as I do not want to fall prey to NJ’s draconian laws being that I can have standard capacity magazines where I live now. This is just one more thing that demonstrates the overall stupidity of liberal democrats, they just do things that are feel good without thinking of the overall ramifications of them at all. Oh, and what I have seen of the law, there is no exemption for law enforcement, that was something that had to be changed, and to the best of my knowledge it hadn’t been done yet, so they are all in the same boat come Dec. 10.

  • Jack D October 5, 2018, 7:51 am

    WOW WOW this is horrible. NJ is taking money from people.

    Two things – The NRA should take this to the Supreme Court and maybe the IRS will allow NJ gun owners a tax break on the magazines destroyed.

  • Infidel762X51 October 5, 2018, 7:32 am

    I guess the judge was out sick the days they talked about ex post facto laws, the taking of property without due process, and the second amendment.

  • JB October 5, 2018, 7:21 am

    Fat chance, there will be a war agianst them who bans guns in any way with flying. Bullets so bad enuf to stop anyone trying!

  • Pseudo October 5, 2018, 7:05 am

    We need a reciprocal law which also requires all police agencies, whether federal, state or private security to have to abide by the same laws, not full automatic weapons and only ten round magazines. This also is to include the protection services for electrd office holders, whether local, state, or federal.

  • Sean Carberry October 5, 2018, 7:04 am

    I feel bad for the people of New Jersey. But you know the criminals will probably comply with the new law and turn in their hi-cap mags…idiot law makers.

    • Infidel762X51 October 5, 2018, 7:34 am

      They voted these losers in.

  • Pete October 5, 2018, 6:37 am

    The law would be Constitutional if the state allowed owners to keep the mags and/or paid for them. Taking private property without compensation clearly violates the Constitution. Citizens on NJ should be on notice that V-8 engines could be next, right after 2 liter bottles.

    • srsquidizen October 5, 2018, 8:04 am

      Yeah, well those things are a menace to the public. V8 engines allow terrorists to build up more speed before they plow into the pedestrians. Great-grandpa’s Model T got by with 20 hp and that should be enough for anybody. Those 2-liter pop bottles make people fat, and it’s rumored that ISIS has hugely obese jihadists who execute infidels with their gigantic arses. They now have a cell in this country and are planning a mass sitting.

      All this is for your own good son.
      M. Bloomberg

      • Ted October 5, 2018, 7:38 pm

        Remember that this was the same liberal BS argument that Mike Bloomberg the former Mayor of NY city made. They banned the sale of soda in cups larger than 16 ounces, but you could buy a second soda in another 16 ounce cup. Just plain STUPID ! It is just another step toward taking away your rights !

    • Rick October 5, 2018, 8:54 am

      This is important enough to take to the Supreme Court in that personal property can only be confiscated is used in committing a felony.

    • David Welsh October 5, 2018, 11:33 am

      No, the law would not be Constitutional regardless.

  • Tim Kelly October 5, 2018, 6:35 am

    Wow, what a great deal, I need both shoulders reverse replacement, left knee replaced and new false teeth. I cannot eat solid foods, almost impossible to dress my self, never mind bathroom use and with my knees cannot climb stairs. Not to mention that I require heart meds.

    And to think I protected these clowns all my life. Our country is gone and soon will go the way of France, England, funny I be more dangerous with a butter knife then with a firearm. Oh yea, a rusty one at that!

    • Mike V October 5, 2018, 9:35 am

      Whatever service you did, thank you and good luck.

  • Tom October 5, 2018, 6:35 am

    It’t too bad the Constitution is disregarded by that Appellate Court Judge. And, he’s not the only one ever to

    do this, but “ex-post facto” laws are supposed to be unconstitutional.

    Also, we need to stop calling normal capacity mags that hold more than 10 rounds “hi-cap” mags. They’re

    standard capacity and anything else IS a restriction or infringement. (Thank you, Alan Korwin)

    • Andrew October 5, 2018, 9:18 am

      I hate it when places like CDNN advertise them as such.
      They’re “standard capacity” if they hold what a pistol is designed to carry.
      The 10 shot version made for the Glock 19 is defined as a “Low Capacity Magazine”.

      If companies quit selling anything to a state that a “normal Mundane” can’t own…
      These laws would change quickly.
      No LE exemption.
      No “bodyguard to the Governor” exemptions.

      But while I dream I want a pony.

  • Jeff October 5, 2018, 6:33 am

    GEORGIA VOTERS: Elect Stacey Abrams as Governor and you will see this same BS in Georgia. (Or worse!!)

  • Robert Wilson October 5, 2018, 6:33 am

    Don’t forget Illi”noise”…I think the NRA is in Virginia. Who elects these morons…People get off your duffs and couches and get out and VOTE. We dont need anymore Dieann Frankenstein’s…I had 1 beer yesterday…going to have a few more tonight.

  • Larry W Morrison October 5, 2018, 6:23 am

    Just remember who the agents will be that enforce the laws made by these Tyrants. They will be wearing Blue.

    • Rick October 5, 2018, 9:03 am

      Gordon Liddy said the ones wearing blue will be wearing vests so you must shoot them in the face~!

  • Bryan October 5, 2018, 6:20 am

    If the New Jersey legal system don’t want to side with ANJRPC, I would think the Supreme Court would block Murphy’s plan. The people of New Jersey need to select a new govener when voting time comes around.

  • John Franco October 5, 2018, 6:11 am

    This is why you DON’T VOTE FOR DEMOCRATS ….EVER!!!

    • SELDEN October 5, 2018, 8:29 am

      Chris Christy is a Republican. Yes Dummycrats are worse but there are many republicans that cave to pressure

  • Jay October 5, 2018, 5:22 am

    Good luck Gov! No Compliance to un-condtitutional laws! Just because one nitwit says it will stand, try selling that cup of tea to the citizens of Our Republic as a whole!

  • Mark Buckley October 5, 2018, 4:59 am

    Screw their law. I can own what ever I want.
    Don’t try your liberal shit in Texas.

    And one wonders why people move, well duh

  • Pacman23 October 5, 2018, 4:50 am

    Come Take!

    Damn I wish they would try and enforce this law……

  • Harry Rainey October 5, 2018, 4:21 am

    So the innocent people are reduced down to 10 rounds while criminals maintain their 30 round and 100 round drums. I guess it could have been worse and restricted everyone down to 5 rounds as most deer rifles are. I would take my high capacity magazines and place them in a 30 caliber ammo box and bury them or hide them in your attic.. I sincerely doubt the city government is going to waste tax payer money to use ground penetrating radar on every home owner to see if the complied with the law. In the event of an invasion or situation where those high capacity mags are needed then they can be readily accessed. Forrest Gump had a quote: Stupid is as Stupid Does. Be sure to inform our enemies that they must comply to the 10 round magazines.
    Maybe have the cops turned in their high capacity round handguns and pass out Colt .45 Peacemakers with 6 bullets will be next on your agenda.

    • DAN III October 5, 2018, 6:31 am

      “….six BULLETS.”

      The bullet is only ONE of four components of a cartridge or round. Of course, in your ignorance you probably refer to homosexuals as “gay”. Start using the proper terms or STFU !

      You are as ignorant as the federal black-robed scoundrel.

      • Ed October 5, 2018, 7:09 am

        I guess Dan had to come along and prove what Harry said: “Stupid is as stupid does”.
        Hey Dan, you why don’t you just stfu and try not attacking someone who is making a good point.
        We have enough domestic enemies on the left side of the political aisle these days; we don’t need nit-picking nitwits like you attacking from within. That is EXACTLY how the “right” side loses so many battles.

      • j October 5, 2018, 7:48 am

        “Lighten Up Francis”

  • Bruce Hartmann October 5, 2018, 4:21 am

    Hummm, actually this could turn out to be a GREAT watershed law but ONLY if NO police or law enforcement agencies (local, state or federal) are exempt. If the NJ police and sheriffs are content with having their magazines restricted and federal law enforcement agencies operating in the state of New Jersey are willing to go along with the ban (magazine restriction), I think this is a truly great law. I’m sure the gun nuts and the NRA will disagree but having may thousands of police firearm magazines destroyed is a wonderful public safety measure even if civilian magazines are included. Of course the police and government agents need NOT be financially compensated for their loss but as long as civilian owners are paid what ever price they demand in compensation, I see NO reason why anyone could possibly object. I mean really just think about it, if the police have no objection to having their own magazines limited and their bigger (standard) capacity ones destroyed, why should private citizens who will be well paid, or even over paid, for their loss object? If ten rounds is sufficient for the local SWAT Teams then 10 rounds should be sufficient for everyone. NO one with a working brain would ever want a Police State, but if the police operate under the same magazine restriction as private citizens, then we are all much safer.

    • Rick October 5, 2018, 9:13 am

      This is a really great law. I remember back in the ’60’s when NJ passed some sort of more restrictive firearms law. All of a sudden everywhere you turned you could find illegal handguns for sale. It was Walmart in the car trunk or in the alley. It will be like “Prohibition” and look how well that worked. Legislators are for the most part Attorneys who can’t earn a living in private practice~!

    • Ted October 5, 2018, 7:44 pm

      Were YOU born an idiot, or did you work real hard to become the one you sound like ? First, i am NOT giving ANY of my magazines up ! second, i AM NOT selling ANY of the ones that i own. Third, most of the magazines that the agencies have in existing stock HAVE BEEN PURCHASED WITH TAX MONEY, WE LOSE OUT SINCE THEY WILL REPLACE THEM WITH MORE TAX MONEY. Do us a favor and change the air in your head …

  • Mark October 5, 2018, 3:27 am

    I can’t believe a Federal Judge would actually say this law is constitutional or he must be a liberal left democrat who don’t care about the constitution and seem to interpret the constitution according to their own whims. If I were in that socialist state, I would end up dying, as I would die (after taking out a few of the domestic terrorist) coming to take my mags from me…MOLON LABE!!! People…Take you stand now as you never know what will be next. BTW, If the law if good for you, it should be good for all, including the police, state nat’l guard and any private security for politician and federal judges!!!

  • Derek Tiller October 5, 2018, 3:01 am

    I really hope Judge Kavanaugh gets to the supreme court and garbage like this makes it’s way to him!

  • SuperG October 4, 2018, 10:52 am

    I guess the only thing to say to the Governor of New Jersey is Sieg Heil.

  • TRUBRIT October 4, 2018, 8:37 am

    Another State I will never ever set foot in or purchase items from any Business located in NJ. Same goes for NY, California, and Maryland. My hard earned Dollars go to the sane States.

  • Mark Nuthall October 3, 2018, 7:33 pm

    Anyone know where the NRA is?

    • Derek Tiller October 5, 2018, 2:57 am

      Very good point Mark! I was thinking the same.

    • Larry W Morrison October 5, 2018, 6:21 am

      Counting the Money from their Members…. Most likely.

      • SELDEN October 5, 2018, 8:49 am

        You may not agree with everything the NRA does, but without them you’d have no firearms

  • John Mullan October 3, 2018, 5:39 pm

    Foolishness this will make no difference and opens the door to other restrictions. I don’t believe it will pass the SJC

  • Mike V October 3, 2018, 4:40 pm

    The constitution is only meaningful when we force them to adhere to it.

    Everytime someone says they aren’t gonna take your guns, remember measures like this. They are going to turn these people into felons unless they destroy their property. No option for registering or licencing or any other half measure, no compromise solutions.

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