Good day all. This came out late Friday and has gone rather viral. A court case regarding New Jersey’s ban of pretty much anything that goes bang was declared unconstitutional in an en banc ruling by the 3rd Circuit court of Appeals.
This all involved a case that upheld a magazine ban but ruled that the AR-15 ban was unconstitutional. New Jersey promptly appealed the 3rd Circuit. That court not only upheld the ruling on the AR-15, they expanded it to ALL semiautomatic rifles. They also overturned the magazine ban as well. Here are the details from Fox News:
A federal appeals court on Friday struck down New Jersey‘s ban on semiautomatic rifles and magazines capable of holding more than 10 rounds, prompting the National Rifle Association (NRA) to call the decision a “historic victory” in a case the gun-rights organization has litigated since 2018.
In a sweeping en banc ruling, the Philadelphia-based 3rd U.S. Circuit Court of Appeals held that New Jersey’s assault-firearm and large-capacity magazine restrictions violate the Second Amendment.
That is a major slam against New Jersey and the Democrat Party. The New Jersey Democrats have, for decades, pretty much revoked the 2nd Amendment. For all intents and purposes, a law abiding citizen living in New Jersey has no right to keep and bear arms. Their ban on standard capacity magazines and semiautomatic rifles was standard procedure. They can’t have their slaves having the means to resist their masters and betters. Now the court has told them that violating the rights of the people is a big no no.
The court expanded a lower court’s ruling by declaring the state’s so-called “assault-firearm” ban unconstitutional as it applied to the full class of semiautomatic rifles, not just the AR-15, and also struck down New Jersey’s ban on semiautomatic rifles and its restrictions on magazines capable of holding more than 10 rounds.
These ammunition limits are absolute garbage and are designed to weaken people’s ability to defend themselves. The “Idea” of these limits was to force criminals to carry more magazines and have to reload more often when they were committing their crimes. In reality, criminals don’t pay attention to the laws, why? Because their criminals.
All these laws did was keep law abiding citizens from having magazines with larger capacity and force them to have spare magazines on hand. The reality is, in a life and death situation, you might have the gun, but can’t get to a spare magazine. Criminals only had to count the shots. After 10 or 11 shots, (If you have one in the chamber and a fully loaded magazine), they simply came at their victims and murdered them.
Writing for the majority, U.S. Circuit Judge Arianna Freeman, a Biden appointee, said the Supreme Court’s Second Amendment decisions in District of Columbia v. Heller, New York State Rifle & Pistol Association v. Bruen and subsequent cases require governments to show modern firearm restrictions are consistent with America’s historical tradition of firearm regulation.
I heard shortly after this ruling came out that it was a Biden appointee who wrote the majority opinion. I, and no doubt many others were stunned when they saw this. The sole reason most of these COB judges were put on the bench was to uphold the diktats of the Democrat Party and ignore the constitution.
The DEI hire on the Supreme Court, Ketanji Brown Jackson, is a case in point. However, every once in a while a good one can slip through on the Democrat side, just as a bad one can slip through on the Republican side. I am always happy to be surprised in this manner, just as the Democrats are both stunned and dismayed that one of “Their” judges didn’t rule the way they wanted.
According to the court, the governor at the time described the banned firearms as “guns capable of wholesale destruction” that were “designed to wipe out the greatest number of people in the shortest possible time.”
That is a load of crap. If you are a criminal bent on murder and the ranges are going to be fairly close, a shotgun is a far better tool. You’re firing upwards of an ounce of lead, either a solid slug or multiple rounds from one shot. (Buckshot) The AR-15 and other similar firearms use what is basically a glorified .22 cartridge. It’s slightly heavier, it is shaped differently, (More conical), but travels at twice to three times the speed of a .22.
I was watching the Fat Electrician remarking on something he told a doctor. The Doctor was saying how destructive these bullets, (.223/5.56mm), were and how difficult it was to repair the damage. The Fat Electrician had a simply reply. “That because you hit someone with a 30.06, they aren’t getting up. That was a round designed to drop a 500 pound+ bear. When it hits a 150-200 pound person it kills them.” (I may be paraphrasing a bit here) The Fat Electrician was also trained as a medic in the Army so he knows what he’s talking about.
The majority concluded that semiautomatic rifles and magazines capable of holding more than 10 rounds are protected by the Second Amendment and that New Jersey failed to demonstrate the restrictions are consistent with America’s historical tradition of firearm regulation.
That’s because there is no historical tradition. Frankly, the founders of this great nation, if they were aware of modern firearms, would be lining up at the nearest gun stores and basically saying “Take my money!” when they saw things like the M4 Automatic Rifle, the M249B Belt fed machine gun and other military firearms. If they knew that the Party of Slavery, The Democrats, were going to try and render the 2nd Amendment moot, they would be furious.
Several judges dissented, arguing the banned firearms are unusually dangerous military-style weapons that states have long had authority to regulate and that the decision conflicts with every other federal appeals court to uphold similar state restrictions.
First, all those other courts are made up of Democrats who have a history of ignoring the plain text of the Constitution. Their decisions, historically, have supported whatever the Democrats wanted done. The other appeals courts that might have ruled against the Democrats couldn’t for a simple reason. The states they cover never tried banning firearms or subverting the Constitution and the 2nd Amendment. The States have zero right to block a right guaranteed under the Constitution of the United States.
Now we have a circuit split. This means you have one Appeals court saying one thing, and another saying the opposite. This means that the Supreme Court has to get involved. In the past, SCOTUS has done it’s level best to avoid ruling on these cases, however they have finally accepted a couple of similar cases for review. (This was prior to this ruling by the 3rd circuit)
This case might be put on hold if it’s appealed pending the other Supreme Court cases, or rolled into them. One thing the 3rd Circuit decision has done, is give SCOTUS the framework to finally drive a stake into all of these bans once and for all. This should all be cleared up next session. I don’t see the Supreme Court upholding these bans if they follow the 2nd Amendment. Kagen and Sotomayor might even be forced to rule against the bans. The DEI hire? She will embarrass herself as usual.
Thatisall
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