Judge upholds Rhode Island's high-capacity gun magazine ban

[Rockrivr1]

There's a setback in Rhode Island........

PROVIDENCE — As the deadline approaches for gun owners to give up their high-capacity firearm magazines or face legal consequences, a federal judge on Wednesday upheld a newly enacted state law banning magazines that carry more than 10 rounds of ammunition.

U.S. District Court Chief Judge John J. McConnell Jr. refused to grant a request by a Chepachet gun store and several Rhode Island gun owners for a preliminary injunction blocking the law, which on Sunday will make possession of a large-capacity gun magazine a felony in Rhode Island.

McConnell found that the plaintiffs Big Bear Hunting and Fishing Supply; three Rhode Island residents — Mary Brimer, James Grundy and Jonathan Hirons; and, a Newport homeowner who lives in Florida, Jeffrey Goyette, had not shown that they would suffer irreparable harm if the law was allowed to take effect, and that allowing its enforcement was in the public's interest.

Judge upholds Rhode Island's high-capacity gun magazine ban. Here's what it means.

Big Bear Hunting and Fishing Supply and Rhode Island residents — Mary Brimer, James Grundy, Jonathan Hirons and Jeffrey Goyette — sued to stop the ban.

www.providencejournal.com

 

[HARRYM]

Obama Judge.

Restrictions are banning and a slippery slope as we all know.

All gun cases need to go to the SCOTUS for any chance of a constitutional decision.

 

[sig shooter]

I heard he compared firearm magazines to leaf blower battery packs, fn idiot.

 

[Compooky]

I’m not understanding the irreparable harm part. Is that like saying the ban is okay to be enforced but enforcing it would create a possible legal issue? Sounds like Massachusetts and “assault weapons”.

 

[SFC13557]

"
"The judge determined that any burden placed on owners to sell, forfeit or modify their magazines under the law was "minor."

"If this is even a burden at all, it pales in comparison to the substantial nature of the public safety interest at stake," McConnell said."

Really? What a POS! So if my private property scares a Leftist it can be banned or confiscated? This is another example of why Trumps election was so crucial for our rights. The POS ER DR. doesn't even seem to be challenged for her idiotic statements.

"
"He relied, in part, on testimony from another state witness, Dr. Megan Ranney, an expert in emergency room medicine with a focus on the public health fallout from gun violence. Ranney produced evidence that the ability to spray bullets results in more injuries, often with multiple wounds, making treatment more complex and victims more numerous.

McConnell found that data produced by Ranney, though sparse, showed "a connection between employment of LCMs and increased injuries, both in number and seriousness."

 

[Rockrivr1]

"
"The judge determined that any burden placed on owners to sell, forfeit or modify their magazines under the law was "minor."

"If this is even a burden at all, it pales in comparison to the substantial nature of the public safety interest at stake," McConnell said."

Really? What a POS! So if my private property scares a Leftist it can be banned or confiscated? This is another example of why Trumps election was so crucial for our rights. The POS ER DR. doesn't even seem to be challenged for her idiotic statements.

"
"He relied, in part, on testimony from another state witness, Dr. Megan Ranney, an expert in emergency room medicine with a focus on the public health fallout from gun violence. Ranney produced evidence that the ability to spray bullets results in more injuries, often with multiple wounds, making treatment more complex and victims more numerous.

McConnell found that data produced by Ranney, though sparse, showed "a connection between employment of LCMs and increased injuries, both in number and seriousness."

I must have been sleeping or something as I didn't realize that RI gun owners had til this weekend to turn in all their high cap mags. What kind of BS is that!?!?!?

 

[G4Y4HK]

Letting you peasants have 10 bullets in your gun is more than generous though. In the time of the signing of muh constitution, guns only had one boolet inside.

 

[HARRYM]

It's "not really a hardship"

So, right there is a Judges personal opinion. It's not a ruling on the law nor the Constitution.

This has been a long standing problem with rogue Judges who believe they have Constitutional powers to make law versus ruling if someones constitutional rights have been violated.

 

[40 Creedmoor fan]

SCOTUS, here we come!

 

[Hoover]

There is a thread on this case from when it was filed.

Ocean State Tactical vs Neronha (Rhode Island Fed court, Mag Limit case) Update AWB proposed

This is the most recent filing. This case has direct impact on people in RI and will have a direct impact on Massachusetts when it gets to the 1st circuit court of appeals. Remember under NYSRPA vs bruen, SCOTUS said any gun law has to be similar to gun laws in 1791 or 1868. The oldest mag...

www.northeastshooters.com

 

[SFC13557]

Hmm, so how many victims of shootings where the shooter used a hi cap mag has this DR treated?
What BS, this DR should have her license revoked for lying under oath.
Where's the data and why wasn't it challenged?

 

[RumRunner]

Hmm, so how many victims of shootings where the shooter used a hi cap mag has this DR treated?
What BS, this DR should have her license revoked for lying under oath.
Where's the data and why wasn't it challenged?

Not only that, but how about knowing if any shootings the DR did treat, knowing that the round that was being treated was #11 or higher from a mag?

 

[whatluck]

"If this is even a burden at all, it pales in comparison to the substantial nature of the public safety interest at stake," McConnell said."

isn't this exactly what bruen was supposed to put an end to?

 

[Hoover]

isn't this exactly what bruen was supposed to put an end to?

Yes. NYSRPA vs bruen explicitly said NO INTEREST BALANCING and that’s exactly what this jackass judge did.

 

[oldgunner]

Yes. NYSRPA vs bruen explicitly said NO INTEREST BALANCING and that’s exactly what this jackass judge did.

 

[Hoover]

Hmm, so how many victims of shootings where the shooter used a hi cap mag has this DR treated?
What BS, this DR should have her license revoked for lying under oath.
Where's the data and why wasn't it challenged?

The data is irrelevant to anything she does now. The only thing that matters is if there was a similar law in 1791 or 1868. The test now is text/ history, the 2 step interest balancing bs is not valid.

 

[SFC13557]

View attachment 698360

Hanging is too humane for these people.

 

[oldgunner]

Hanging is too humane for these people.

but it is righteous....after a fair trial that is

 

[SFC13557]

but it is righteous....after a fair trial that is

You're right, I have a vision of Gallows erected on every town common where we march them out to complete their sentence.

 

[T-Unit]

Yes. NYSRPA vs bruen explicitly said NO INTEREST BALANCING and that’s exactly what this jackass judge did.

Should set the stage for a quick smackdown by Scotus then, or does this have to go thru the 1st Circuit before that?

At least with the District court judge ignoring Bruen and ruling on it today that means we could see an emergency injuction at Appeals as soon as tomorrow.

 

[Mass-diver]

Judge openly defied Bruen. It’s outrageous

 

[Hoover]

Should set the stage for a quick smackdown by Scotus then, or does this have to go thru the 1st Circuit before that?

At least with the District court judge ignoring Bruen and ruling on it today that means we could see an emergency injuction at Appeals as soon as tomorrow.

Needs to go through the 1st circuit COAs. This was a ruling on an injunction, the circuit could reverse, no way SCOTUS will get involved on a preliminary injunction.

There is a mag limit and AWB case in the 4th circuit now, oral arguments on the merits was a few weeks ago. One trump judge, one bush judge, another is an Obama. Arguments sounded very positive for the 2A side, the two normal judges seemed to strongly favor 2A. That opinion should come in February or March. Another is Duncan vs bonta with judge benetiz in CA now. He already struck down mag limits pre bruen, he’ll do it again. Then that goes to the 9th and possibly en banc. I think realistically we’re 18 months out from some fairly definitive opinions from circuit courts and/or SCOTUS. Court cases take time

 

[Dench]

The judge was correct as there was clearly magazine restrictions in place 200 years ago per the new Bruen guidance.

Or we live in a Banana Republic and nothing actually matters.

Whatever works.

 

[M1911]

Continue in the other thread.