Note: New Jersey readers if you had not turned in all your standard gun
magazines, that hold more than ten (10) rounds, by December 10, 2018,
the state of New Jersey has made you a felon. You are now a criminal
under the law.
New Jersey’s Standard Capacity Magazine BanNew Jersey – -(AmmoLand.com)-Gun rights attorney and Association of New Jersey Rifle & Pistol
Clubs board member Evan Nappen, Esq. has issued legal guidance on how to
handle potential efforts by police to enforce the Murphy magazine ban.
Entitled
“Knock! Knock! Show Us Your Glock,” the insightful guide by Nappen
covers what to expect and how to protect yourself if the unthinkable
happens. Click here to view the guide online. Please share this link far
and wide among gun owners.
In the meanwhile, Association of New
Jersey Rifle & Pistol Clubs is gearing up for further appeal of the
legal challenge against the Murphy mag ban. Please watch for upcoming
alerts on the litigation as it continues.
Knock! Knock! – Show Us Your Glock
What to Expect & How to Protect Yourself from the Murphy Magazine Ban
By Evan F. Nappen, Attorney at Law
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 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:
- Make sure that your friends and family are aware of this potential threat.
- Make sure that your friends and family are aware of the implications of talking with the police and consenting to searches.
- Make sure that you do not have in your possession any Murphy Mags or other prohibited items.
- Make sure that you, your family and your friends have the mindset to stand on your rights
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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. www.anjrpc.org