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Rhode Island 10 Round mag limit lawsuit
- Thread starter Brian8146
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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.
Knob Creek
NES Member
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
'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
The 9th 3 judge panel upheld the district court ruling saying the mag limits were unconstitutional then the 9th en banc reversed that. Hopefully it is remanded back to that 3 judge panel rather than the en banc panel which was 7dem nominated judges and 4 bush/trump judges. The 3 judge panel was a bush and trump Jude in the majority, a Clinton district court judge sitting by designation.
I the NJ mag case was a HW bush judge (she’s 87 years old lol), a bush judge and a trump judge. The ruling was 2-1 to uphold the district court and the ban. I think there’s a very good chance this case is reversed on remand. The majority of the 3rd circuit are GOP nominated so they probably wouldn’t accept it en banc.
The 9th circuit has a number of activist leftist judges. Some of them will thumb their nose at SCOTUS and try to uphold the ban with an en banc action.
426wedge
NES Member
I was pondering that myself....
pinefd
NES Member
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
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Yes, because RI and MA are both in the First Circuit.
EJFudd
NES Member
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.
Lokdog
NES Member
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
EJFudd
NES Member
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.
![[slap]](/xen/styles/default/xenforo/smilies.vb/025.gif "Slap [slap]")
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.
They have basically unlimited funds right now aimed at disarming the country. It would be naive and tactically unsound for them to not seek out and bring on board all of their own ‘violent commie/progressive type’ firearms people to guide and advise them and help move the pieces in the directions they want, burying it all under red tape and put on hold for years to come, then redirecting fire at something else just to tie it all up in courts, buying time in their favor every step of the way.
Remember, if the government says you don’t a gun, it’s because they know you would shoot them in the face for what they are about to do to you.
This doesn’t come down from your local, overly emotional green haired retard liberal pols who don’t know a bolt carrier from a BUIS, this is the end game of very deviant, dark, sick, ruthless, murdering communist MF’s.
EJFudd
NES Member
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.
![[laugh]](/xen/styles/default/xenforo/smilies.vb/012.gif "Laugh [laugh]")
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.
![[thumbsup]](/xen/styles/default/xenforo/smilies.vb/044.gif "Thumbs Up [thumbsup]")
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.
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.
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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.
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pinefd
NES Member
I absolutely think the wording was intentional, as a sneaky attempt at outlawing all modern semi-automatic firearms (with a detachable magazine).
Frank
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I know one vendor who sells 10 round MagPull magazines and epoxies the floorplate in place our of an abundance of caution.
pinefd
NES Member
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
safetyfirst2125
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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.
Garys
NES Member
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.
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.
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.
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?
I’m sure this is again at a prosecutors discretion.
Garys
NES Member
On another forum, someone posted that they were against term limits because the voters could always vote the politicians out. I used to believe that, but the truth is that the politicians have rigged the system so that it's pretty rare to vote out an incumbent no matter how much he sucks. When the Framers wrote the Constitution, they didn't conceive that politics would someday become a full time career for people. They felt it was a short term public service which is why elected office has little or poor pay, no benefits, and overall wasn't all that great a deal.
That's all changed now and the politicians want to keep it that way. There are now "political families" in most states. How many Timilty's are there in MA politics? Politicians put their friends and family members into all sorts of jobs to keep them loyal and close. State Senators and Reps aren't independent. They do as they are told or they lose lucrative committee slots along with having their staff budgets reduced and being moved to crappy offices.
"Guns bad" is a combination of the media and politicians. Again, look at MA.
States haven't "let it" get to this point. States like MA, NY, RI, have worked very hard to get it to this point. Even formerly gun friendly states like VT now have magazine limits. I won't be surprised if VT institutes licensing and other restrictions as their demographics change.
That's all changed now and the politicians want to keep it that way. There are now "political families" in most states. How many Timilty's are there in MA politics? Politicians put their friends and family members into all sorts of jobs to keep them loyal and close. State Senators and Reps aren't independent. They do as they are told or they lose lucrative committee slots along with having their staff budgets reduced and being moved to crappy offices.
"Guns bad" is a combination of the media and politicians. Again, look at MA.
States haven't "let it" get to this point. States like MA, NY, RI, have worked very hard to get it to this point. Even formerly gun friendly states like VT now have magazine limits. I won't be surprised if VT institutes licensing and other restrictions as their demographics change.
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.
Garys
NES Member
Some years back I discussed this with Jim Wallace. He told me that the NRA funded some activities in MA, but that their brand was poison with legislators in MA so they kept a low public profile. That's one thing, but claiming credit for Bruen is kind of another.
