Oops! Governor Murphy Forgets To Exempt Veterans From Magazine Ban!
Pandering “Mistake” Exempts Retired Police, But Not Retired Military. Equal Protection Violation May Bring Down Ban. No One Should Receive Special Treatment Under the Law.
New Jersey – -(Ammoland.com)- As they clamored to ban standard capacity firearms magazines and turn one million law-abiding citizens into criminals with the stroke of a pen, NJ Governor Phil Murphy and legislators silenced objections from law enforcement by exempting retired police from the ban. But they made a “mistake” in their pandering strategy that could prove fatal to the new law – they failed to also exempt military veterans from the 10-round limit.
Their pandering blunder reveals a serious violation of equal protection under the 14th Amendment of the U.S. Constitution: an arbitrary privilege afforded to one group cannot be denied to others who are similarly situated. Retired police and military veterans both have civilian status – the same status as every one of New Jersey’s one million gun owners.
Exempting retired police over veterans, and also over the entire civilian population itself, violates equal protection.
“Lawmakers thought they were pre-empting a groundswell of law enforcement opposition to the magazine ban by exempting retired police,” said Association of New Jersey Rifle & Pistol Clubs Executive Director Scott Bach. “Instead, they created a vulnerability that threatens the very existence of their precious new law, and Association of New Jersey Rifle & Pistol Clubs is making the most of that vulnerability.”
Association of New Jersey Rifle & Pistol Clubs’s pending lawsuit to overturn the magazine ban highlights this equal protection violation, along with other constitutional infirmities of the law. In a recent request for a preliminary injunction halting implementation of the ban, ANJRPC quotes the 9th Circuit Court of Appeals, which found in a similar case (Silveira v. Lockyer) that a “retired officers exception arbitrarily and unreasonably affords a privilege to one group of individuals that is denied to others.” A ruling on the request could come as soon as this month.
“Military veterans, like the rest of the civilian population in New Jersey, have now been relegated to second-class status and placed at a significant disadvantage when it comes to defending their lives against criminals and gangs – who ironically will ignore the ban and be armed to the teeth,” said Bach.
The fact of the matter is that no one should receive special treatment under the law. Those sworn to serve and protect, whether in law enforcement or the military, should refuse to be silenced by pandering politicians when it comes to infringement of everyone else’s constitutional rights.
As our hypocritical lawmakers continue to enjoy the protection of armed security details exempt from the magazine ban, Association of New Jersey Rifle & Pistol Clubs would like to take this opportunity to wish the rest of us – who are left to fend for ourselves with emasculated tools – a very safe and happy Fourth of July.
Please watch for future alerts on the progress of the mag ban lawsuit.
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About Association of New Jersey Rifle & Pistol Clubs:
The Association of New Jersey Rifle & Pistol Clubs is the official New Jersey affiliate of the NRA, and is New Jersey’s oldest, largest, and most effective Second Amendment advocacy organization.
The UN plan, being nothing less than eliminating all Sheep Dogs and only have security forces protecting the Wolves, is unfortunately being embraced globally. Yes, even in our Great, or should I say “Once Great USA”. I fear only a confrontation of epic proportions can save what’s left. The alternative is a bleak, and the resulting clashes to save or nation will be as well. We have hope in our current administration, but we all must be vigilant, prepared, and well trained in order to do our best to in support of our country, any way of life. I can… Read more »
Remember! Most cops get a maximum of 10 minutes of trigger time practice a year. Quals are not practice, and don’t actually qualify anything. The average civilian hobby shooter spends more time practicing, in one range outing, than most LE spend in a year. So the communist psychopath politicians try another end run. Everyone should mail the politician a hammer and cicle flag, or bumper sticker. And, since he’s violating his oath of office, he’s opetating outside scope, and should be locked out of his office building!
Respectfully,
A retired 45 year federal firearms, and tactics instructor.
Exactly correct, unless they use their own time and money to by ammo and range time.
That is why so many dump their 15-17 rounds into a suspect and only have 2-3 hits.
…..and the perp only has a superficial wounds!
I can’t wait until we get this and another nominee seated on the Court, and cases like this one are filed and reviewed. One-by-one, anti-constitutional states eviscerated, permanently.
Remember, The cops are NOT there to PROTECT YOU. Only there to clean up the MESS.
The trick with all these cases is to draw a republican appointed district judge. Unless the thing is so egregious even a liberal court has to side with sanity, it has to be before a good judge.
@church, You are correct, unfortunately. That’s called forum or judge shopping. It is also called corruption because judges are not supposed to be liberal or conservative. Politics has invaded the judiciary, in spite of the founding fathers best efforts. We must get back to the Constitution.
What they need is a citizens armed march right up tom the state house with fully loaded high capacity magazines and signs that say….”SHALL NOT INFRINGE” Do it en mass and don’t back up. Send them a strong message that if it violates the Constitution (and it does) It is not just police abed Veterans, this is about “We The People” and we are the defenders of the Constitution and of this country, we are not their sheep.
@JLH, Actually, the founders talked about and expected the very thing that you suggest in the Federalist Papers, as a control on government power.
I wonder who commuted the sentence of the convicted felon (murder), who brought his gangbanger feud into a crowded public venue (Art All Night in Trenton), and started shooting with an oversized magazine, until a good guy with a gun (police) had to put him down. Can you imagine having to defend yourself with a 10 round mag against 5 or so gangbangers with 15 or 30 round mags ? Maybe Murph and Whiningburg can answer these questions. And let’s keep in mind that Wells the murderer was under psychiatric care while incarcerated. Was he also on SSRI’s, and was… Read more »
I know MANY non police/veteran hunters who do A LOT of training, shooting, reading and research, they could easily surpass the police (possibly surpass many x military for that matter) is their firearms capabilities, should they be screwed over by this political ASSHOLE ? No, it’s all or NONE. The police don’t get the training the military does, yet this Dem/lib bought and paid for politician gives THEM the OK for an over 10 magazine.
Hey, everybody put police up on a pedestal so why shouldn’t they get special treatment? I still say they’re just like everyone else. Remember, they CHOOSE to do that job because they are power freaks and about 1% are good and 99% are bad, just like regular people.
Just the opposite. Why do you hate cops? Been to jail?
@Bill, so if ” … about 1% are good and 99% are bad, just like regular people.”, then maybe we really need police.
https://waronguns.blogspot.com/search?q=only+ones
Anyone who still believes police are the good guys is not paying attention.
When you put on a uniform and go out in the streets and jungles of this nation then perhaps I will consider that you have a point. Until then you are just another person who wants others to risk their lives for you, just like those who stand back and let others serve in the armed forces, defending your rights while they die around the world. We are not better than anyone else; we just are willing to give more.
@Bill, Your statement that, “… 1% are good and 99% are bad, just like regular people.” Is really an argument against freedom. If ninety-nine percent of the people are bad, then they will make decisions and take actions that are an extension of themselves. Thus people should not be free to think, decide, or act.
If the opposite were true, then the We the people are deserving of our freedom.
Typical of Any Politician , Screwing Veterans
Seems to Be Their Norm ! Defend Their Rights ,
and Their Way of Life ,, Get Screwed ! ( without so much as a Kiss )
Recall ALL Their Lame @ss’s and See How They Like Em Then !