Anthony & Sandy host 2A Attorney Dan Schmutter – Gun For Hire Radio #373

Anthony & Sandy host 2A Attorney Dan Schmutter - Gun For Hire Radio #373
Anthony & Sandy host 2A Attorney Dan Schmutter – Gun For Hire Radio #373

New Jersey – -( Anthony Colandro and Sandy Berardi host.

Attorney Dan Schmutter has a lawsuit filed challenging the Murphy large capacity magazine ban and has asked the court for an injunction to prevent the law from being enforced until the case can be heard since citizens only have 180 days to permanently modify, dispose, or surrender their “large” capacity magazines but it may take a year for the case to be heard. The judge wants to hear testimony before he decides about the injunction in August. Both sides will get to cross-examine each other’s witnesses. Dan welcomes that opportunity because he doesn’t feel the opposition’s experts will be able to hold up under the challenges his team will bring. Dan feels Judge Sheridan seems fair and reasonably open-minded.

The 9th Circuit Court in California affirmed the preliminary injunction barring California from enforcing a voter-approved ban on “high-capacity” magazines. High capacity meaning more than 10 rounds. Anthony questioned if Judge Sheridan can ignore the 9th circuit’s decision. Dan says he can, but they will argue why he shouldn’t. This could be very helpful for the NJ case.

Anthony reminds everyone he’s running for an NRA Board seat and he feels it will only last 1 three year term because he has a big mouth. He said he will get a customer Black and RFed Gun For Hire Jazzy to ride around at the NRA.

Mark Cheeseman asks Dan what should a person in NJ do with their 15 round magazine.

Dan says there is nothing that has to be done until the 180 days is up. While this may cause an issue if everyone waits until day 179, this is the reason the injunction was filed. Mark then asked if someone can go to the range with a 15 round magazine. Dan said no one should do that. Evan Nappen’s analysis essentials say you can keep the magazines for the time being, but do not transport or use them. Lastly, Mark asked if the injunction is granted, can we start using the magazines again. Dan replied that it depends on what the order from the judge says.

Jay Factor asks Dan about the expert witnesses the state used for their position. He wonders if the state consulted these experts before they came up with this law or filed their opposition to the injunction. Dan said he wasn’t sure but he thinks it will come out during discovery.

Anthony is shocked that shooters in NJ don’t know that the 15 round mag ban either don’t know it was passed or want a suit to be filed against it. He is surprised that shooters are so ignorant about what has happened. Sandy said his neighbors expect him to educate them on what’s happening. Sandy says we assume that people assume that everyone else has our knowledge. Most people don’t know what the second amendment says.

Anthony asks what’s happening with Dan’s carry case. It’s at the court of appeals with the 3rd circuit. Dan has asked for a motion for summary action. He feels that the Drake case was wrongly decided but since this court can’t overturn that case, it should be disposed of and sent to a court that is capable of doing so. The government has consented to this motion and they’re waiting on the court to decide.

Mark gave an update on his carry case. Ultimately, the county’s argument is that they have a right to possess a firearm in their home, but there would be a danger to the public if they were allowed to carry outside the home. This is the same argument that they always make. The state feels a justifiable need was required to carry outside the home.

Please listen to the show and hear the rest at:

The Gun For Hire Radio Broadcast: Episode 373


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