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What to Do As NJ Police Come for Your Gun Magazines

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http://www.evannappen.com/knock-knock-show-us-your-glock.html

 

Legal Guidance: What to Do As NJ Police Come for Your Gun Magazines

 

December 13, 2018

Evan Nappen 


The Murphy Magazine Ban WILL be enforced.  It is only a question of what degree it will be enforced against honest gun owners.
 
“The New Jersey State Police corresponded with Breitbart News on December 11 and refused to rule out house-to-house enforcement of the state’s “high capacity” magazine ban.”
 
Possession of any magazine holding over 10 rounds that works in a semi-automatic firearm is now a felony-level offense with a penalty of up to 18 months in prison.  There is no “grandfather clause.” If you are convicted, you lose your gun rights for the entire United States. These standard capacity magazines, which have been turned into contraband, are commonly being called “Murphy Mags.”
 
There are four basic levels of potential enforcement. The question is how aggressive the anti-gun-rights Murphy administration is going to be in enforcing the Murphy Mag ban. Here are the four possibilities:
 

  • Police Raids: House-to-house searches of suspected possessors.
  • Police Investigations: Interrogation of suspected possessors.
  • Demand Letters: Intimidating official letters sent to suspected possessors.
  • Random Prosecutions: Randomly prosecuting anyone caught possessing.

 
Police Raids
 
Many gun owners are very concerned that the police will be coming door to door and searching homes. It is unlikely to happen. The State Police claim to have “no plans” at this time to do this. However, it is not an unreasonable fear, considering the extremist left’s fanatical hatred of gun owners. Ultimately New Jersey’s zealous anti-gun-rights Attorney General could order the State Police to act. To say it will never happen would be foolish. Although a search warrant is normally necessary, house-to-house searches have happened without warrants if there are “exigent circumstances.” Approximately five years ago, this was done in Boston when the police were looking for a terrorist suspect.  Here are some reasons/scenarios why it might happen in New Jersey:
 
Some highly publicized mass shooting occurs, and the knee-jerk, politically expedient reaction is to go after Murphy Mag possessors.


Murphy’s failure to aggressively enforce his ban, gives his political challengers the opportunity to call him out on it.

 

There is already pressure on Murphy to explain how he intends to enforce the ban. Breitbart News also reached out to Murphy’s press secretary, Daniel Bryan, about enforcement of the ban. He confirmed that the Governor “…had not ruled out house-to-house enforcement of the ban either.”


New Jersey has a computerized database of registered gun owners & their registered handguns which includes make and model.  Many of these handguns came with Murphy Mags. For example, 15 round magazines came standard with the Glock Model 19, Beretta Model 92 and SIG Model P226, just to name three commonly possessed handguns.


New Jersey has a long history of abusing gun owners, creating “gun law victims” (destroying people’s lives with arbitrary gun laws) and undermining Second Amendment rights.


New Jersey has a liberal news media which actively acts as the propaganda arm for the anti-gun-rights movement.


New Jersey law enforcement will obey orders and enforce the law, rather than lose their jobs & pensions.
 
In 1990, the Florio Administration explored going after "Assault Firearm" owners under the newly enacted “Assault Firearm” law, which included a “large capacity ammunition magazine” ban. They tried to quietly sneak through an Administrative Code provision requiring the filing of the Certificate of Eligibility with the police on private sales of long arms. This would have cured the break in establishing the chain of possession. I personally helped to kill it by successfully challenging the code modification as being outside the statutory law. The Florio Administration abandoned their scheme. Since then, the Murphy Administration has eliminated private sales via newly passed legislation.
 
There are other important differences between the Florio Ban of 1990 & the current Murphy Mag Ban:
 

  • There are substantially more, commonly possessed, standard capacity magazines that hold over 10 rounds, than over 15, that fit readily identifiable, registered handguns.
  • There was no reliable pre-existing computer database in 1990.
  • In 1990, there was not the intense fanatical hatred gun owners that exists today.
  • There was no windfall of Bloomberg money for anti-gun extremist candidates in 1990.

  
What to Do If the Police Raid Your Home?
 
A right given up is a right lost. Do not consent to a search without a warrant. Never physically resist. Do not sign any documents or statements without an attorney’s advice. All citizens have a Fourth Amendment right to a warrant being issued before their person or premises are searched. Exceptions exist regarding the necessity for a warrant, and a large body of law exists as to when a law enforcement officer has probable cause for a warrantless search. However, whether probable cause for the warrantless search exists or not, one should never consent to a warrantless search.

 

The key here is never consent. Warning: Even if you are not home, the police can search your home based on the consent of your spouse, roommate or a guest. If a law enforcement officer insists on searching your home, do not resist the search. Just make it clear that you are not consenting to this search. Additionally, do not sign any consent form or for that matter any document without the advice of your attorney. Law enforcement officers cannot get a warrant simply based on your refusal, nor can they punish you for not giving consent to search.
 
If a search is done in violation of your Fourth Amendment rights, the court will suppress the evidence obtained, and the State will not be able to use it against you in a criminal prosecution. When you consent to a search, anything found may be used as evidence -- evidence against you -- whether there was probable cause or not!  Although you may feel that you have nothing to hide, consider that you may inadvertently possess contraband which you believe to be legal, or that a friend may have left contraband in your car, house, or borrowed clothing.
 
Police Investigations
 
There is much more of a chance that the police will investigate based on information gleaned from the computerized database of registered gun owners and their registered handguns. It is a relatively simple task for state or local police to look at their database of registered gun owners with their registered handguns and start knocking on doors to talk to suspected possessors of handguns with standard issue Murphy Mags (such as Glock 19, SIG P226, Beretta 92, etc.). No warrant is necessary to investigate. Talking to suspected possessors at their homes will possibly lead to more information justifying a search, seizure and arrest.
  
What if the police want to talk to you?
 
If police knock on your door, do not open the door, ask them through the closed door if they have a warrant. If they don’t have a warrant, do not allow them into your home. Do not answer any questions. Simply say "I do not want to talk to you" and do not talk to the police. The Fifth Amendment right to remain silent and against self-incrimination is one of the most important Constitutional rights. By remaining silent, a person is not assisting the State in its case against him or her. This is the purest form of self-protection. It is something everyone should do, whether the person believes him/herself innocent or not. You cannot be punished for a refusal to answer questions. Basically, only a court can order you to answer questions. Remember, anything you say can be used against you. For instance, merely affirming that you still have the registered handgun, could lead to being searched and arrested. Lying to the police is a crime, but remaining silent is not. So, stay silent!
 
Not giving consent is not probable cause for a search. Some people feel that if they do not consent to the search then the officer will think they are guilty of hiding something. Some people are afraid of the improper question: “What do you have to hide?” The proper question you should ask yourself is: “Why does this law enforcement officer feel it is necessary to invade my privacy and conduct a search without a warrant?” This mindset properly shifts the burden to the police. Remember, the Fourth Amendment is there to protect our privacy.
 
Always remain polite when asserting your rights, but the key is to assert them. Do not be embarrassed or intimidated into giving up your rights. If you give up your rights (apart from making defending you that much harder), you will have substantially increased your chance of becoming another victim of New Jersey gun law.
 
Intimidation Letters
 
Law Enforcement agencies might choose to send intimidating letters demanding information based on the computerized database of registered gun owners and their registered handguns. The letters would go to suspected possessors of handguns with standard issue Murphy Mags. It is a simple matter today to send letters via a database. This type of intimidation letter is often used to collect taxes. Any information gleaned could then be followed up with further enforcement actions.
 
What if you receive an intimidation letter?
 
Generally, you have no obligation to respond to questions in a such letter. Contact an attorney as soon as possible for specific advice regarding such a letter.
 
Random Prosecutions
 
There is no doubt that enforcement will occur by way of random prosecutions. Police will find Murphy Mags due to Red Flag Laws, Domestic Violence Laws, Duty to Warn Laws, safekeeping seizures, house fires, home inspections and the endless other ways that contraband items find their way to the authorities. You can be sure to see criminal charges on these Murphy Mags. This is the default setting for minimum enforcement.
 
What if you are the subject of a random prosecution?
 
If you are charged with Murphy Mag possession or any other criminal offense, contact an attorney as soon as possible for specific advice and representation.
 
Action Items:
 

  1. Make sure that your friends and family are aware of this potential threat.
  2. Make sure that your friends and family are aware of the implications of talking with the police and consenting to searches.
  3. Make sure that you do not have in your possession any Murphy Mags or other prohibited items.
  4. Make sure that you, your family and your friends have the mindset to stand on your rights!

 

Edited by fishweewee

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mail?url=http%3A%2F%2Ffiles.constantcont

 
ANJRPC ASKS FULL THIRD CIRCUIT
TO OVERRULE 3-JUDGE PANEL
IN NJ MAGAZINE BAN CASE
 
Legal Challenge of NJ Mag Ban Continues
 
December 19, 2018. ANJRPC attorneys today filed a legal petition asking the full Third Circuit to review the December 5, 2018 decision of a 3-judge panel of the Third Circuit upholding NJ's ban on magazines holding between 11-15 rounds of ammunition. The petition seeks "rehearing en banc," a process by which every judge on the Third Circuit reviews the prior ruling by the 3-judge panel.
 
See a copy of ANJRPC's petition for rehearing en banc here.
 
If the full Third Circuit grants rehearing en banc, it will issue an order providing particulars of how the rehearing will proceed, which could include additional briefing and oral argument before the court. If the court declines en banc review, ANJRPC is prepared to eventually seek review from the U.S. Supreme Court.
 
ANJRPC thanks NRA-ILA for its incredible support and guidance in the mag ban case. The case will be pursued until all appeal options are exhausted.

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Quote

NRA won't do $hit.  Never does.

Not true but you can run with it.

NRA has little influence in the felony states. They are a stronger force with Federal issues than state.

Like most lobbying groups they will direct their efforts in areas where they receive the most dough and donor direction.

They had no influence on Murphy's Law due to the Democrat and Socialists that dominate NJ Politics.

They had no influence of NY State's bans that were enacted post-sandy hook.

Without the NRA we would probably have a national gun registry and a full-blown restriction on scary looking furniture. NRA-ILA as well as NRA attorneys will follow suit with any test case in New Jersey as they have done in other states where usurpation arose. They have already joined with ANJRPC to file the necessary appeals. This case will go Federal, that is where the NRA will work best.

On the state level it is vital that gun owners become active and support local shooting groups such as ANJRPC.

 

The problem with Murphy's Law is that it is an ex-post-facto law that makes a person an outlaw for possessing a component that is standard legal in many other states.

 

 

 

 

 

 

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FYI - continue to discourage support for the NRA and similar groups, you will get the government you deserve. Hunters, Anglers, and Shooters are their own worst enemies. One of the big reasons I fled New Jersey. The sheer amount of wrong-headed opinions that dominated sporting issues in NJ by a vocal minority of folks that did more to divide than unite.

When the NJOA as a lobbying group was formed, it was able to bridge a lot of gaps between sportsman and coordinate state-wide efforts to get hunters, anglers and shooters to the polls.

It worked and then the inevitable happened. People began accusing NJOA of lining its pockets rather than helping this cause or that cause.

Then outspoken morons that were influential in respective organizations began to eschew a rounded call to action because "i don't hunt.. .why do I care?" or "Bow hunting should be for bowhunters and not crossbows" or "I don't care about fishing because I hunt" or "trapping is cruel, isn't it?" and finally "I don't need an AR-15 to hunt deer!"  etc,etc,etc

 

If division continues on this course, I guarantee in one generation the Second Amendment will be amended to read something completely perverse.

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1 hour ago, fishweewee said:

................................

Action Items:
 

  1. Make sure that your friends and family are aware of this potential threat.
  2. Make sure that your friends and family are aware of the implications of talking with the police and consenting to searches.
  3. Make sure that you do not have in your possession any Murphy Mags or other prohibited items.
  4. Make sure that you, your family and your friends have the mindset to stand on your rights!

 

 

How?

 

What does an owner in NJ do now?  Try to hide them in your home in a spot they might not be found during a raid?

 

Can these things be mailed?  Can you mail them to someone in a sane state until this issue gets resolved?

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You can mail magazines to almost any state in the union.

You can pay to have the mags blocked at your local gun shop.

My FIL sent me his mags.

I feel bad for him because he bought the FN 5.7 and now must pay to have those mags blocked.

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JoeyZac illustrates why the law is bad. Since the law passed, can he walk into the State Police and turn in the mags, or is mere possession felony possession?

Criminal Intent in this case is inferred by the possession. This law should be overturned and Murphy should be tarred and feathered.

Thank your Democrat Buddies for this and more stupidity. Suddenly Governor Fatso doesn't look so bad... "bbbut he went to the beach! aaand the bridge-gate"

:freak:

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These effin' clowns just kill me with their efforts to go after legal law abiding citizens, why?  Methinks because it's easier to do so than go after the criminals and illegal firearms owners who are responsible for the vast majority of gun violence. All  for show.

 

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Because they lay down and take it.......some other group would show up at these judges homes or Govenor's Mansion and exercise their right to picket....24/7....yup, bring out the inflatable "Rats"....OMO.

Edited by Mr. Bigdeal

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7 hours ago, Slacker said:

I think we will be waiting for a long time for someone to show up at the door with a warrant to look for magazines.

 

They'll never pass a mag ban.  nope.  

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7 mins ago, 55555s said:

 

They'll never pass a mag ban.  nope.  

I don't think NJ has the manpower to enforce that many search warrants.  But I'll be watching the papers for the some magazine raids in NJ.

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2 hours ago, Slacker said:

I don't think NJ has the manpower to enforce that many search warrants.  But I'll be watching the papers for the some magazine raids in NJ.

 

They'll find a way to weaponize it and will selectively use it to go after people they have a gripe with.

 

I put nothing past the despicable nature of this state's corrupt government.

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