3rd circuit upholds 10 round max capacity

allen-1

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https://www2.ca3.uscourts.gov/opinarch/183170p.pdf

I am NOT a lawyer, but a couple of the statements in this ruling really piss me off.

Here's what seems to be the major premise of the ruling that makes the limitation of 10 round magazines "legal":

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So - the second Amendment limits my right to self defense to my home? And retired law officers are special because of their training? I've shot with cops - other than the ones that shoot IDPA/USPSA they generally suck - and they suck because guns are just ONE of the many tools they have to use, whereas shooting well is important to me.

Another check off to SAF - this defeat needs to keep going up through the court system, next stop is the Supreme court.

This is BS.
 
The 14th amendment doesn't exist according to that ruling. Equal is equal and if it isn't that's a 14th violation. Judge likes playing a Lord and should be kicked off the bench.
 
God that ruling is so filled with stupid it’s disturbing. So a Normal citizen cannot be trained to handle a weapon? So the time in the Armed Services was a joke? Why not 11 rounds or 12 or 9 this is so arbitrary it’s ridiculous. And it absolutely violates the takings clause because when you force me to register it some random person will make a decision on whether to stake it or not.
 
https://www2.ca3.uscourts.gov/opinarch/183170p.pdf

I am NOT a lawyer, but a couple of the statements in this ruling really piss me off.

Here's what seems to be the major premise of the ruling that makes the limitation of 10 round magazines "legal":

View attachment 257830


So - the second Amendment limits my right to self defense to my home? And retired law officers are special because of their training? I've shot with cops - other than the ones that shoot IDPA/USPSA they generally suck - and they suck because guns are just ONE of the many tools they have to use, whereas shooting well is important to me.

Another check off to SAF - this defeat needs to keep going up through the court system, next stop is the Supreme court.

This is BS.
That judge is corrupt
 
At least there was a strong dissent by Judge Bibbas (starts on page 42). Here's the single biggest problem in most of these cases include our own Gould:
Second, though the majority purports to use intermediate scrutiny, it actually recreates the rational-basis test forbidden by Heller.
Whether strict or intermediate scrutiny applies, we should require real evidence that the law furthers the government’s aim and is tailored to that aim. But at key points, the majority substitutes anecdotes and armchair reasoning for the concrete proof that we demand for heightened scrutiny anywhere else.
 
Curious, how many rounds(on a nationwide average) has a retired officer shot in their career? I'm guessing I've probably fired at least an equal amount(probably more) of rounds in a single range day during Basic than they do their entire career. Then again my contract was signed 8/01 and I shipped 1/02 so I imagine the coffers were pretty much wide open regarding ammo expenditures for training at the time.
 
God that ruling is so filled with stupid it’s disturbing. So a Normal citizen cannot be trained to handle a weapon? So the time in the Armed Services was a joke? Why not 11 rounds or 12 or 9 this is so arbitrary it’s ridiculous. And it absolutely violates the takings clause because when you force me to register it some random person will make a decision on whether to stake it or not.

It read like a Junior High student's "mock" court ruling. It amounted to the reason my parents always gave me for denying my requests: Because I said so.
 
Curious, how many rounds(on a nationwide average) has a retired officer shot in their career? I'm guessing I've probably fired at least an equal amount(probably more) of rounds in a single range day during Basic than they do their entire career. Then again my contract was signed 8/01 and I shipped 1/02 so I imagine the coffers were pretty much wide open regarding ammo expenditures for training at the time.

you do know they have to do thru firearms qualification every year right? They don't just graduate from the academy and get handed a gun, they spend a lot of time during the academy at the range to qualify, then come back every year to requalify.
 
that judge should read the accounts of the police in watertown trying to get Dzhokhar Tsarnaev, they were so effectively trained that he survived their onslaught?
 
you do know they have to do thru firearms qualification every year right? They don't just graduate from the academy and get handed a gun, they spend a lot of time during the academy at the range to qualify, then come back every year to requalify.


I know from personal experience that the cops who shoot IDPA/USPSA with me tend to be good gun handlers and good shots because they're interested in shooting. The rest of the cops that I've seen qualifying at two of my local ranges mostly suck.

I've seen the qualification that they shoot, and from my perspective - it's a joke. BUT - they've got a lot of skills that I don't have, and being a "gunfighter" isn't their top priority.
 
you do know they have to do thru firearms qualification every year right? They don't just graduate from the academy and get handed a gun, they spend a lot of time during the academy at the range to qualify, then come back every year to requalify.

A cop that practices at the range several times a week will out shoot a "civilian" that practices at the range several times a year.

A "civilian" that practices at the range several times a week will out shoot a cop that practices at the range several times a year.

It doesn't have anything to do with annual qualifications or a badge. It has to do with the individual that has more experience.
 
Requalification consist of a Moon Island exam in a lot of places. Some departments don’t have annual requalications. PDs in May Issue jurisdictions routinely discriminate again active duty or retired infantry. The whole “trained” excuse is bullshit. Are literacy tests for voting legal? No? Why do we have the equivalent for exercising any other civil rights?
 
Requalification consist of a Moon Island exam in a lot of places. Some departments don’t have annual requalications. PDs in May Issue jurisdictions routinely discriminate again active duty or retired infantry. The whole “trained” excuse is bullshit. Are literacy tests for voting legal? No? Why do we have the equivalent for exercising any other civil rights?


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Because we allow it.
 
you do know they have to do thru firearms qualification every year right? They don't just graduate from the academy and get handed a gun, they spend a lot of time during the academy at the range to qualify, then come back every year to requalify.

Absolutely, and from the retired LO/QO that I took my class from it's a joke. My class was the second time I've ever fired pistols and he told me I out shot 75-80% of my local PD and that if I were to ever get in a tussle with them and guns came out to just stand still and let them empty their mags given the odds I'd come out unscathed. He despised the fact that when officers couldn't qualify with their service pistols that he was ordered to progressively use a lesser caliber so they could eventually pass. Now it's been awhile and we have a different CoP so it may have changed but at the time we had LEOs in my town that could only qualify using a .22lr pistol, but then again there's that whole "past practice" bullshit unions love to pull out when something doesn't go their members way.
 
I can say that yes... LE Firearms skill/handling is generally atrocious. BUUUUT, I have actually seen it trending North. The last time I taught at the Mass Instructors Conference, I was surprised at the improvements I was seeing across the board. That being said, the Mass Qual course is a joke. The scoring surface is bigger than C-zone, the farthest you have to shoot is 15 yards, and no one puts people on the timer like they are supposed to. How you can fail that qual is beyond me.
 
I can say that yes... LE Firearms skill/handling is generally atrocious. BUUUUT, I have actually seen it trending North. The last time I taught at the Mass Instructors Conference, I was surprised at the improvements I was seeing across the board. That being said, the Mass Qual course is a joke. The scoring surface is bigger than C-zone, the farthest you have to shoot is 15 yards, and no one puts people on the timer like they are supposed to. How you can fail that qual is beyond me.

Sadly, I don't see it on youtube but there was an episode of Major Crimes where one of the top cops, Provenza, had to requalify and failed over and over until in desperation he boosted a pair of "old lady" eyeglasses from evidence and shot a perfect score.
 
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From Evan Nappen:

Warning: Right Now, Every Cop/LEO in Possession of a Murphy Mag is Guilty of Felony-Level Crime, unless they have been CONTINUOUSLY on "actual duty" or "traveling to or from an authorized place of duty" since 12/10. Even if the law is amended, they can still be prosecuted for their prior unlawful possession until the 5 year statute of limitations runs out.
 
View attachment 259136
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From Evan Nappen:

Warning: Right Now, Every Cop/LEO in Possession of a Murphy Mag is Guilty of Felony-Level Crime, unless they have been CONTINUOUSLY on "actual duty" or "traveling to or from an authorized place of duty" since 12/10. Even if the law is amended, they can still be prosecuted for their prior unlawful possession until the 5 year statute of limitations runs out.

FOIA requests outbound as we speak to find all officers that have been continuously on duty since the 10th.
 
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