If you enjoy the forum please consider supporting it by signing up for a NES Membership The benefits pay for the membership many times over.
Be sure to enter the NES/MFS May Giveaway ***Canik METE SFX***
If it's the 1st Circuit that rules it unconstitutional, then yes. It's possible this will be struck down at the district court and apply only to RI if RI doesn't appeal it, which I doubt they would even tho Maura would be screaming at them to not do if they lose. There's a high chance the magazine ban is struck down as 2 of the 3 district judges are GOP appointees.If the new RI mag limit is ruled unconstitutional in federal court, would that ruling also make the magazine limit in Mass unconstitutional?
In possibly related news:
'One week after our landmark victory in NYSRPA v. Bruen, the Supreme Court issued orders in two other NRA-ILA backed cases. Those cases, ANJRPC v. Bruck and Duncan v. Bonta, challenge New Jersey and California laws that ban magazines capable of holding more than 10 rounds of ammunition.
The Third and Ninth Circuits, over dissents, upheld the bans by balancing the state governments’ safety interests with the restriction on the right to keep and bear arms. And both cases were appealed to the Supreme Court. Today, the Court vacated and remanded both cases back to the lower courts to rehear them and to apply the text-and-history test that it adopted in Bruen—not the interest-balancing tests that the courts applied previously. This is a good result that effectively gives us a second and better shot at winning the cases.'
NRA-ILA | SCOTUS Reverses and Remands Two NRA-ILA Backed Magazine Cases
Man, it's nice to see the NRA actually doing 'something' to get gun stuff past the SCOTUS. Hell, they keep it up, I may just donate a little to them.
I was pondering that myself....Man, it's nice to see the NRA actually doing 'something' to get gun stuff past the SCOTUS. Hell, they keep it up, I may just donate a little to them.
If the new RI mag limit is ruled unconstitutional in federal court, would that ruling also make the magazine limit in Mass unconstitutional?
Yes, because RI and MA are both in the First Circuit.If the new RI mag limit is ruled unconstitutional in federal court, would that ruling also make the magazine limit in Mass unconstitutional?
I'm sure that Maura & friends will do their very best to point out the difference with regard to grandfathering ("... so please leave us alone First Circuit"). I don't see the "no compensation" issue helping or hurting us (or any other state) given that magazine modification is specifically allowed and sale to folks in other states is also specifically allowed.I think a good part of the argument on our side, and what contributes to this ban being unconstitutional, is the fact that there's no grandfathering, and no compensation for forfeited magazines; it's a an outright confiscation. To me, that makes the ruling potentially less applicable to other states, although that's just my layman's opinion.
Frank
Unless they changed the language in the final text, it originally said any large capacity feeding device is any with a removable floor or end plate that can be easily modified to accept more than 10 rounds. So they contradict themselves in saying, Oh just modify your existing mags to 10 rounds, but then have text saying anything that can be modified is considered illegal? They can't even get straight which is legal and which isn'tI'm sure that Maura & friends will do their very best to point out the difference with regard to grandfathering ("... so please leave us alone First Circuit"). I don't see the "no compensation" issue helping or hurting us (or any other state) given that magazine modification is specifically allowed and sale to folks in other states is also specifically allowed.
Yep. Obviously, RI pols are as clueless and naive about this as babes in the woods. The "removable floor" provision is an absurdity on it's own regardless of anything else. I guess they envisioned folks stuffing cotton down the magazines to limit them to 10 rounds.Unless they changed the language in the final text, it originally said any large capacity feeding device is any with a removable floor or end plate that can be easily modified to accept more than 10 rounds. So they contradict themselves in saying, Oh just modify your existing mags to 10 rounds, but then have text saying anything that can be modified is considered illegal? They can't even get straight which is legal and which isn't
Unless they changed the language in the final text, it originally said any large capacity feeding device is any with a removable floor or end plate that can be easily modified to accept more than 10 rounds. So they contradict themselves in saying, Oh just modify your existing mags to 10 rounds, but then have text saying anything that can be modified is considered illegal? They can't even get straight which is legal and which isn't
Don’t be so quick to think them idiots, IMO a lot of those things are done purposely to confuse and muddy the waters even for the more experienced attorneys, and thusly, the freakish Dems, will happily take their chances in front of the POS liberal judges and prosecutors they’ve been emplacing across the country.Yep. Obviously, RI pols are as clueless and naive about this as babes in the woods. The "removable floor" provision is an absurdity on it's own regardless of anything else. I guess they envisioned folks stuffing cotton down the magazines to limit them to 10 rounds.
It’s a long road to get to that point, probably two years I would think.Yes, because RI and MA are both in the First Circuit.
I understand that it's not always easy to discriminate between intentional leftist evil and absurd leftist stupidity... but I still think the "removable floor" thang is a display of utter clueless stupidity. It is so absurd on its face, that it could even be a poison pill planted by devious pro-2A types.Don’t be so quick to think them idiots, IMO a lot of those things are done purposely to confuse and muddy the waters even for the more experienced attorneys, and thusly, the freakish Dems, will happily take their chances in front of the POS liberal judges and prosecutors they’ve been emplacing across the country.
Oh absolutely there’s a big mix of liberal stupidity mixed in as it filters down from the brains. Those morons need constant supervision just to stay on task. lolI understand that it's not always easy to discriminate between intentional leftist evil and absurd leftist stupidity... but I still think the "removable floor" thang is a display of utter clueless stupidity. It is so absurd on its face, that it could even be a poison pill planted by devious pro-2A types.
Time should tell us whether you are right or I am right. We'll just have to wait and see how it all plays out.
I understand that it's not always easy to discriminate between intentional leftist evil and absurd leftist stupidity... but I still think the "removable floor" thang is a display of utter clueless stupidity. It is so absurd on its face, that it could even be a poison pill planted by devious pro-2A types.
Time should tell us whether you are right or I am right. We'll just have to wait and see how it all plays out.
The battle is ongoing and consists of many small steps. Bruen was unusual because it was a huge step, but so was the NY legislature emergency legislation - which is just the opening salvo to another battle.It’s a long road to get to that point, probably two years I would think.
I don't think an ignoramus knows that some magazines have "removable floors" and some don't.
I read this as granddad's 1911 with the fixed-floor mag is okay, everything more modern is verboten. I think whoever wrote this was a lobbyist who understands terminology quite well, and is looking to gather support from FUDDs who "are passionate gun owners," but disapprove of any kind of modern firearm.
I know one vendor who sells 10 round MagPull magazines and epoxies the floorplate in place our of an abundance of caution.I absolutely think the wording was intentional, as a sneaky attempt at outlawing all modern semi-automatic firearms (with a detachable magazine).
Frank
Yes, I think this may be the only acceptable way to modify a standard capacity magazine...along with a magazine block...to meet the legal requirements.I know one vendor who sells 10 round MagPull magazines and epoxies the floorplate in place our of an abundance of caution.
You know what’s depressing about the battle though: Democrats create, pass and enact new state laws at the speed of single-digit days….while court battles to prove unconstitutionality take years.The battle is ongoing and consists of many small steps. Bruen was unusual because it was a huge step, but so was the NY legislature emergency legislation - which is just the opening salvo to another battle.
It will be interesting to see how NY reacts if plaintiff's counsel in the inevitable appeal asks questions like "why weren't these places sensitive before", "what special security do you provide in these areas like additional police presence and metal detectors"; and of course "do you deny that the legislative intent was to undermine Bruen and make it as hard for people to exercise their 2A/Bruen rights as possible?".
The outcome will depend less on the arguments and more on the intellectual honesty of the court, and the degree to which it chooses to engage in results oriented decision making.
You know what’s depressing about the battle though: Democrats create, pass and enact new state laws at the speed of single-digit days….while court battles to prove unconstitutionality take years.
From a legal fight perspective, we’re outgunned.
The NYS legislature has been doing this kind of thing for years. This wasn't a surprise to any of us. And the good people of NYS can vote those dicks out of office anytime they want to.
They've got the government they deserve. Most of the people in that state clearly don't mind what goes on in Albany, just like most of the people in MA don't mind what goes on up on Beacon Hill. The bottom line is, there are a lot of people we share citizenship with who just disagree with us, flat-out.
It's not limited to just detachable mags either, if it's a semi auto that has a tubular magazine with a removable endcap, those are also banned.Yep. Obviously, RI pols are as clueless and naive about this as babes in the woods. The "removable floor" provision is an absurdity on it's own regardless of anything else. I guess they envisioned folks stuffing cotton down the magazines to limit them to 10 rounds.
NYC dominates NYS politics. 43% of the population lives in New York City. Add the liberal counties surrounding it and they determine the politics of the state. You're right that they get the politicians they deserve despite the more conservative upstate voters.
I was under the impression that as long as the floor plate required tools to be removed and that a mag block was in place you were good to go?Yes, I think this may be the only acceptable way to modify a standard capacity magazine...along with a magazine block...to meet the legal requirements.
Frank
I know.
But they can amend their constitution, too.
My point is that I know it's not easy. States like that have spent decades letting it get to this point. But they can do more about their own legislature than the rest of us can.
The real problem is that we (the larger "we") have let people come to the guns = bad conclusion. That's a much tougher fix. I mostly blame the media for that, though demographic shifts out of the countryside and into the cities have not helped.
Bear in mind most of these battles were started and engineered by others than the NRA, pro rkba folks let them put the branding on it because its easier to fund lawsuits with someone elses money. So while they put up the $$$$$ they likely didn't design any of this stuff.Man, it's nice to see the NRA actually doing 'something' to get gun stuff past the SCOTUS. Hell, they keep it up, I may just donate a little to them.
Bear in mind most of these battles were started and engineered by others than the NRA, pro rkba folks let them put the branding on it because its easier to fund lawsuits with someone elses money. So while they put up the $$$$$ they likely didn't design any of this stuff.