{"id":8304,"date":"2018-12-17T12:00:52","date_gmt":"2018-12-17T19:00:52","guid":{"rendered":"https:\/\/gemstatepatriot.com\/blog\/?p=8304"},"modified":"2024-09-23T22:57:32","modified_gmt":"2024-09-24T04:57:32","slug":"new-jersey-magazine-ban","status":"publish","type":"post","link":"https:\/\/gemstatepatriot.com\/blog\/new-jersey-magazine-ban\/","title":{"rendered":"A Million New Jersey Gun Owners Ignore State’s Magazine Ban"},"content":{"rendered":"

\u2014 Published with Permission of TheNewAmerican.com \u2014<\/strong><\/span><\/p>\n

When New Jersey passed its ban on possession of magazines containing more than 10 rounds in June, it gave the state\u2019s million or so law-abiding gun owners 180 days to comply. The law provided five options: 1) modify the offending magazines so they could accept no more than 10 rounds; 2) \u201crender the firearm [that accepts such magazines] inoperable\u201d; 3) register firearms that cannot be \u201cmodified to accommodate 10 or less rounds\u201d; 4) transfer the firearm or the magazine to \u201can individual or entity entitled to own or possess it\u201d; or 5) surrender the firearm or the magazine to local law enforcement.<\/p>\n

The million or so law-abiding gun owners selected option No.6<\/a>: ignore the law and defy its enforcement.<\/p>\n

The 180-day period expired on December 11, and not a single magazine has been turned in to any local law-enforcement agencies, according to responses obtained from Ammoland\u2019s John Crump: \u201cAmmoland reached out to several local police departments in New Jersey to see how they plan on enforcing the ban, and [to learn] what the turn-in numbers have been [as of December 14]. Like the New Jersey State Police, none of these departments have a concrete plan on how to proactively enforce the ban, and none had a single report of magazines being turned over.\u201d<\/p>\n

The penalty for being found in possession of one of the newly offending magazines is stiff: It\u2019s a felony, with punishment consisting of up to 18 months in jail, and up to $10,000 in fines, or both.<\/p>\n

When gun-hating liberals in the Colorado enclave known to some as \u201cthe Peoples\u2019 Republic of Boulder\u201d passed a law banning possession of \u201cassault weapons,\u201d \u201chigh-capacity\u201d magazines, and \u201cbump stocks\u201d last May, gun owners reacted similarly.\u00a0The New American covered the story<\/a>\u00a0and estimated that law-abiding citizens living in Boulder owned approximately 150,000 now-offending firearms. They needed to be \u201ccertified\u201d under the law\u2019s grandfather clause by December 27 or fines and jail time would be applied to those newly minted miscreants. As of December 1, the Boulder Police Department had certified just 85 of them.<\/p>\n

Lest law-biding gun owners reading this think that New Jersey or Colorado are a long way from where they live, and therefore they have nothing to worry about, they should consider the disheartening and threatening move by numerous states to inflict similar injury onto them through \u201cred flag\u201d laws. They should further consider what their response will be when law enforcement shows up at their front door, either with a demand to turn over offending magazines or relinquish their firearms under an ERPO \u2014 an \u201cExtreme Risk Protection Order\u201d \u2014 now the law in more than a dozen states with another dozen or so considering such laws.<\/p>\n

The New American<\/em>\u00a0has reported on the dangers of ERPOs\u00a0here<\/a>\u00a0and\u00a0here<\/a>. One individual, Gary Willis, a resident of Ferndale, Maryland, was confronted with such a situation at 5 a.m. in early November. He resisted and it cost him his life.<\/p>\n

Local papers covered the incident. Willis was asleep early Monday morning, November 5 when two officers from Anne Arundel County knocked on his door. A law-abiding gun owner, Willis answered the door \u201cwith a gun in his hand,\u201d according to a police department spokesman. They were there to serve him with an \u201cextreme risk protective order\u201d and remove his legally owned firearms.<\/p>\n

According to a police department spokesman, Willis put his firearm down to read the ERPO but then, apparently recognizing that it wasn\u2019t a legal search warrant issued by a judge in accordance with protections guaranteed to him by the Fourth Amendment to the U.S. Constitution but instead was issued by a local judge under Maryland\u2019s newly minted \u201cred flag\u201d law, he retrieved his firearm.<\/p>\n

The spokesman said that Willis \u201cbecame irate.\u201d In the melee that followed, one of the firearms carried either by one of the officers or by Willis went off. One of the officers then pulled his own sidearm and shot Willis dead.<\/p>\n

FlexYourRights.com has a\u00a038-minute video on YouTube<\/a>\u00a0that helps gun owners who take the risk of such a confrontation seriously. For those interested in a lawyer\u2019s take on how to respond, one could consider purchasing Tim Baldwin\u2019s\u00a0\u201cPolice Contact: How to Respond\u201d<\/a>\u00a0in DVD format for $20. Says Baldwin: \u201cIf a policeman believes you are guilty, being innocent may not be enough to keep you protected. There are many innocent people incarcerated in America\u2019s prisons, or worse. Unfortunately, citizens themselves often help bring on improper conduct [by police] through their own ignorance of the law.\u201d<\/p>\n

This writer endorses Baldwin\u2019s explanation. which is designed, as he says, to \u201ckeep you out of jail \u2014 or out of the morgue.\u201d<\/p>\n

Such presentations may still leave unanswered the question of how to respond when a law-enforcement official comes to the door with a warrant that clearly violates or ignores the strictures put in place by the Founders in the Fourth Amendment. How should he then respond? That question needs to be answered long before the doorbell rings.<\/p>\n

According to Crump, New Jersey law-enforcement officials either have no plan to enforce the magazine law or aren\u2019t willing to discuss it. Those departments he quizzed refused to answer, or responded with \u201cWe do not discuss law enforcement strategies.\u201d<\/p>\n","protected":false},"excerpt":{"rendered":"

\u2014 Published with Permission of TheNewAmerican.com \u2014 When New Jersey passed its ban on possession of magazines containing more than 10 rounds in June, it gave the state\u2019s million or so law-abiding gun owners 180 days to comply. The law provided five options: 1) modify the offending magazines so they could accept no more than […]<\/p>\n","protected":false},"author":35,"featured_media":8306,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[428,25],"class_list":["post-8304","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-news","tag-gun-rights","tag-second-amendment","cat-1-id"],"_links":{"self":[{"href":"https:\/\/gemstatepatriot.com\/blog\/wp-json\/wp\/v2\/posts\/8304","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/gemstatepatriot.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/gemstatepatriot.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/gemstatepatriot.com\/blog\/wp-json\/wp\/v2\/users\/35"}],"replies":[{"embeddable":true,"href":"https:\/\/gemstatepatriot.com\/blog\/wp-json\/wp\/v2\/comments?post=8304"}],"version-history":[{"count":1,"href":"https:\/\/gemstatepatriot.com\/blog\/wp-json\/wp\/v2\/posts\/8304\/revisions"}],"predecessor-version":[{"id":17066,"href":"https:\/\/gemstatepatriot.com\/blog\/wp-json\/wp\/v2\/posts\/8304\/revisions\/17066"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/gemstatepatriot.com\/blog\/wp-json\/wp\/v2\/media\/8306"}],"wp:attachment":[{"href":"https:\/\/gemstatepatriot.com\/blog\/wp-json\/wp\/v2\/media?parent=8304"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/gemstatepatriot.com\/blog\/wp-json\/wp\/v2\/categories?post=8304"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/gemstatepatriot.com\/blog\/wp-json\/wp\/v2\/tags?post=8304"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}