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  • Noble Cause
    Veteran Member
    • Jan 2013
    • 2633

    Defending Magazines & the 2nd Amendment

    Fellow Americans,

    As politicians prepare their attack on the 2nd Amendment, including an
    attack on so called "high capacity" magazines, here are some counter
    points to their insane, illogical proposals that will endanger us all.

    I do not believe an actual ban on so called "Assault Weapons" will happen.
    Too much political capital would be expended with too little chance for
    success. In my opinion, the real target will be lesser targets, such as
    banning so called "high capacity magazines". Hence, most of my thoughts
    will be directed towards that topic, in the hopes some of these ideas
    will spark others to think of even better arguments to help defend
    our 2nd Amendment rights.

    I wrote these thoughts down rapidly as they came to me, with minimal
    thoughts to typo's and such, since time is of the essence, and we are
    almost out of time.

    You will find overlaps in logic, some duplications, and some items that
    have just a small nuance of distinction from another idea.
    Consider this first draft a "diamond in the rough" that needs further
    work to achieve maximum brilliance.

    Lets begin:

    Why do Americans need "high capacity magazines" ?
    Why do you need more than <insert arbitary number> in a magazine ?! "
    (Translation for the anti-gun crowd: normal capacity = " high capacity")

    * In the case of multiple assailants.

    * In many rural areas in could take 30 minutes or more for police to
    respond to an attack. The family could be on its own for long time.

    * Defensive situations are stressful & reduce accuracy tremendously.
    You could empty your restricted 7 rnd mag, & miss your attacker.
    With a normal 13 to 30 rnd mag, you greatly increase your chances
    of surviving the attack, and protecting your family.

    * Telling me I do not need a high capacity magazine is the same as telling
    Rosa Parks she did not need to sit in the front of the bus.
    It is a Civil Right.
    (see notes at bottom for proper credit of this statement)

    * Ability to use suppression fire to keep bad guys from advancing.
    or using it so you can move to a better defensive position.
    Supressive fire with 30 rounds is feasible. With only 7 or 10, you are
    quite likely to run out of ammo before you can reach a better position,
    allowing the criminal / predator to shoot you with impunity.

    * An attacker can sustain a few hits, and still be trying to kill you.
    This is rarely a 1 shot = kill world. You never know how many rounds it
    will take to stop a threat. Or mutiple threats. Criminals have been shot
    28 times and lived to see their trial and conviction.

    * An attacker is on drugs, & is irrationally determined to kill you.
    You could empty your restricted 7 round magazine into them with
    little or no apparent effect. If you emptied a normal capacity mag
    of say 16 to 19 rounds of 9mm, your chances are greatly improved.

    * Despite multiple hits, even though they are "dead man walking"
    some violent people will continue to try and kill others until they
    lose blood pressure & bleed out. This can take several minutes.
    Its not like the movies where one shot from the good guy kills the
    bad guy within 2 seconds (unless its a head shot). You need every
    round you have to keep them from killing you or your family.

    * Americans with a legal conceal carry license would now have to carry
    extra mags to match what they currently allready have.. this increases
    their chance of "printing" and may result in them running out of ammo
    and putting themselves and the people they are protecting in mortal
    danger.

    * A person unable to shoot proper defensive rounds because of recoil
    (they have arthritis, they are veterans who were severely wounded,
    they are of small statue or frail, they are disabled in some respect.)
    If they can only handle a 22LR recoil, and are restricted to only 10 to 5
    rounds, they will be at a disadvantage, since 22LR is not considered to
    be a reliable defensive round, and it would take a lot more hits with 22LR
    than say a 9mm or 45acp. Allowing them to have 20 to 30 rounds in
    their firearm might allow them to live thru an assault.

    * A law restricting magazine capacity only punishes the law abiding.
    * Criminals can easily make "high capacity" mags even if outlawed.
    They simply extend the bottom of existing mags and add a spring.
    * Criminals and the insane will use 30+ mags no matter what the law is.

    * Has any politician asked the people who actually used a firearm to
    defend themselves and their family, how they would feel with having
    even less defensive rounds the next time theirs lives are in danger ?

    * If "high capacity magazines" are such a concern to law enforcement,
    explain why the FBI doesn't track it. (and, btw, so called assault rifles
    murder useage is so low, the FBI simply lumps them together with
    other rifles... in 2011, All rifles (including AR15) accounted for only
    323 murders (2.5%) for the entire nation. The AR15 probably less
    than 2%. since the 323 (2.5%) figure includes every type of rifle.

    So New York bans a firearm used in less than 2% of murders, while
    ignoring millions of Americans using them properly each year to hunt,
    defend, and target shoot,...indeed, they just banned the most popular
    modern rifle Americans own, simply because a few people out of a
    population of 311,000,000 used them illegally to murder about 258
    people. Millions Americans using "Assault Weapons" properly each year
    versus 258 murders. The Benefits ratio is clearly in favor of keeping
    the AR15. To say anything else is being either disingenuous, or you
    simply lack the mental ability to perform cost benefit analysis
    (your unable to add 2+2 properly. The answer is 4, for those of you
    who are thinking 2+2 = Ban ! Sorry to burst your cognitive bubble.)

    * There are millions of so called high-capacity magazines in the hands of
    Americans, and have been for decades. They are used millions of times
    each year by Americans for defense, hunting, target shooting. So you
    have millions used legally & safely each year, versus a few used by
    a couple of mentally disturbed predators illegally. And now you want to
    blame & scream at all the Sane, normal people who did not harm anyone ?

    It is irrational to think by punishing the millions of Americans who
    legally own & use them, you will somehow stop criminals & insane
    predators from using them.

    * In the case of a "bad person" from any of the 43 states that have no
    restrictions on magazine capacity. They invade the home of a family
    living in 1 of 7 states that allow an infringement on self defense.
    (Restricting the family to only 10 to 7 rounds). The bad guy has
    easily a 3 to 1 advantage over the family he is attacking.

    If you think this is solved with a Federal ban on mag capacity, your
    wrong. Only law abiding citizens would obey the law, and thus, once
    again, the family would be at a serious disavantage as they try to
    defend themselves.

    * Slippery Slope. New York reduced it to 10, and now 7, another state
    is apparently considering 5. When the next massacre occurs
    (and it will, since gun-free zones attract insane predators intent on
    killing as many defenseless innocents as possible without resistance. )
    politicians will push for 3 rnd mags, or just simply outlaw magazines.

    * No panels of Firearm experts were consulted about the effect of
    restricting magazine capacities on normal people.
    * What scientific study was performed on the effects of outlawing
    normal magazine capacities (making them now high-caps) ? (None).
    * What public hearings were conducted before some states banned
    normal capacity (high caps) magazines ? (None)

    * Why are people who have never held a firearm, owned a firearm,
    shot a firearm, or know anything about firearms (other than
    fictional accounts in movies) shouting for restrictions on magazines.

    These people are easily identified online. They call magazines "clips",
    or assault clips, or High Capacity Assault Clips, or Military grade
    high capacity assault clips. Most of these people we call "The Media".

    * Would political leaders, Hollywood celebrities, the rich and affluent,
    insist that all their bodyguards have restricted capacity magazines ?
    * Would police officers feel better about using reduced capacity
    mags to protect themselves and family when they retire ?

    * Police officer can have 20 rounds in his XDm to defend himself from
    a criminal. A law abiding citizen would only have 10 to 5 to defend
    himself from the same criminal. How is that even remotely fair ?

    * Normal capacity mags should be protected under Heller. AR15's are
    designed to use, and often ship with, 30 rnd mags. Magazines are
    considered a functional part of the firearm, and 30 round mags are
    "in common use". Ergo, limiting mags to 10, or 7 or 5 or Zero nullifies
    the intent of the 2nd Amendment and violates Americans Civil Rights.

    * TRUE high capacity mags would be mags beyond the original design
    and in uncommon use (example would be the 100rnd mag for AR15).
    Once again, a 30 round AR15 mag is a NORMAL capacity mag.

    * The 2nd Amendment is to protect us from Tyranny. An AR15 with a
    30 round magazine is an excellent choice for our first line of defense.

    It is indeed the Modern Musket. We may not need the 2nd for the
    next 50 to 100 years (or we may need it in 10 ). No one knows the
    future. We do know the past. Our own government turned on its
    own citizens at the start of WWII, imprisoning 20,000 Americans of
    Japanese ancestry. Their land and property were confiscated. Some
    never recovered their land and property. It is a travesty that it
    happened here, in the Land of the Free, and the Home of the Brave.

    So when an anti 2nd Amendment person rolls their eyes at you and
    and mockingly questions your veracity about tyranny, tell them it
    already happened 70 years ago to 20,000 Americans.

    * We can use inflammatory words just like the politicians:
    Senator Fienstein is introducing "High Powered, Military Grade,
    Assault Legistration Designed to Kill Innocent People."

    Sadly, that is pretty much what it will actually do if enacted.

    These are my thoughts on the matter.

    Signed,
    Noble Cause

    Note: Regarding the Statement about Rosa Parks:
    I am paraphrasing a line in which the original author had put
    "assault rifle. " I do not know who the original author is, but
    I think it is brilliant statement. If you know who deserves the credit, please post for all to know. They deserve many accolades.
  • #2
    CDFingers
    Banned
    • Mar 2008
    • 1852

    If we can prove magazines are "arms," we can use the Second Amendment. However, I don't see how this can be proven, because a semi auto rifle will fire fine with a ten round mag or a thirty round mag. This means that changing the size of the magazine will not affect the function of the rifle.

    It turns out that magazines are just another product absent proof that they are "arms." Without that proof, magazines may be treated like an old Corvair.

    I'm not against opposition to magazine size bans. It's just that I can't defend against a magazine size limit using gun laws.

    CDFingers

    Comment

    • #3
      Hogstir
      Member
      • Mar 2011
      • 328

      A semi auto will not function as designed without a magazine. Ever tried to load a round into an AR15 with out a magazine? It is an integral part of the firearm as much so as the barrel.
      Historical analysis would be the founder intent of the 2nd amendment. I can find no accounts of the era regarding limiting how much powder and shot the colonists were allowed to legally carry on their person. Their powder horns and shot pouches were the magazines of their times. Progressing forward thru the civil war times and even the western expansion period there was never a limit on the amount of ammunition one could carry to employ. The cowboys cartridge belt could be the magazine of their time.
      The media constantly refer to the AR15 and similar rifles as "military arms". Virtually all firearms have been used in war at one time or another. WWI and WWII saw millions of bolt action rifles as the primary arm of many countries. Even the musket was the primary military arm of it's time so under the leftists theory the colonists should have been using the bow and arrow while the Brits used muskets.
      There are already natural and practical functionary limitations on magazines. 100 round magazines affect the intended function of an AR15. Balance of the weapon is thrown off, reliability suffers and carrying spare 100 round magazines is impractical. Weapons in the military designed to use true high capacity magazines or belts are designed for full auto and sustained fire and have quick change barrels for the overheating problems. The AR15 is not designed for either. Ever ripped off a 30 round mag then felt how hot the barrel is?
      The AR 15 was designed to use a 20 or 30 round magazine, handguns were designed to use various numbers of rounds dependent upon grip length, balance, single or double stack configuration etc.
      In Ca we may only purchase roster handguns approved by DOJ. Once approved if any change is made to the design of the firearm by the manufacturer it is considered to be a new firearm and must go thru testing again. That would include any changes having to do with the magazine such as going from single to double stack configuration ( even if capacity remains the same ), producing the firearm with a longer grip to accommodate a higher capacity magazine or adding a magazine disconnect feature. Thus the DOJ itself considers the magazine and integral part of the design and the firearm itself.
      If politicians can reduce magazine capacity they could ban magazines entirely and render the firearm non functional, a clear violation of Heller.

      Comment

      • #4
        Noble Cause
        Veteran Member
        • Jan 2013
        • 2633

        Quote by CDfingers:
        "If we can prove magazines are "arms," we can use the Second Amendment."


        Most of my thoughts were about influencing the general public, and by
        extension, Congress. That is the immediate battle forming in front of us.

        In the alternate reality of jurisprudence, your comment hits to the core of the
        matter. Most people would assume AR15= Common use, not unusual,
        magazine integral component of AR15, 30 rounders in common use, therefore
        should be protected under Heller.

        If SCOTUS were to decide otherwise, we have lost the true meaning of the
        of the 2nd as being a Doomsday Device to protect us from Tyranny.

        Anti-2nd Amendment politicians would simply pass laws restricting our mag
        capacity to 1 round, or even more draconian, only allow an empty mag to be
        inserted, with only 1 round in the chamber at any given moment... making a
        bolt action rifle possibly a more desirable option.

        Whether the American public would allow such a byzantine world to stand
        remains to be seen. SCOTUS is not totally immune to popular opinion.
        They certainly are not immune to liberal or conservative ideology, as we have
        often seen.

        Noble Cause

        Comment

        • #5
          Untamed1972
          I need a LIFE!!
          • Mar 2009
          • 17579

          If I dont need them for self defense then why does LE?

          Let's get this straight, LE weapons are for defensive use, deadly force is only used when a life is in danger.

          So if LE are only using their guns in defense of self or others, and 7-10rds is sufficient for self defense, then they dont need 11+rd mags either.

          If LEOs are more highly trained and capable with firearms, and I, the average untrained citizen only needs 7rds, then 7rds should be more enough for the highly trained LEO.

          If an AR-15 is not suitable for home defense then why does pretty much every SWAT team in the country use them when making entry into a house?

          Aren't the criminals I need to protect myself from the SAME criminals LEOs need "hi-caps' and assault weapons to protect themselves from?

          As for the 2A angle? The 2A is ultimately about defense against tyranny, which means I need to have something equal to what might be used against me. So if Gov't needs "hi-caps" then the 2A guarantees them to me as well should I need to defend myself against Gov't.
          "Freedom begins with an act of defiance"

          Quote for the day:
          "..the mind is the weapon and the hand only its extention. Discipline your mind!" Master Hao, Chenrezi monastery, Valley of the Sun

          Comment

          • #6
            Noble Cause
            Veteran Member
            • Jan 2013
            • 2633

            Quote by Hogstir:
            "In Ca we may only purchase roster handguns approved by DOJ."

            The so called "Safe Handgun List". So idiotic that apparently even a slight
            change in the color of the stock apparently makes the handgun "Unsafe"
            and therefore unavailable for Californians to purchase. Apparently some
            colors, such as Tan, are considered to be an "Assault Color" and too
            dangerous for the general public. <sighs>

            Just another example of anti-gun politicians incrementally legislating our
            rights away. Without the efforts of Calguns, Calguns Foundation, NRA,
            SAF, etc, California's Sphagetti-Code of imbecilic firearm laws would be
            even worse.

            Noble Cause

            Comment

            • #7
              Hogstir
              Member
              • Mar 2011
              • 328

              Originally posted by Noble Cause
              Quote by Hogstir:
              "In Ca we may only purchase roster handguns approved by DOJ."

              The so called "Safe Handgun List". So idiotic that apparently even a slight
              change in the color of the stock apparently makes the handgun "Unsafe"
              and therefore unavailable for Californians to purchase. Apparently some
              colors, such as Tan, are considered to be an "Assault Color" and too
              dangerous for the general public. <sighs>

              Just another example of anti-gun politicians incrementally legislating our
              rights away. Without the efforts of Calguns, Calguns Foundation, NRA,
              SAF, etc, California's Sphagetti-Code of imbecilic firearm laws would be
              even worse.

              Noble Cause
              Totally agree with you on this. Recently Bersa Arms decided to build in a lock on it's Thunder model handgun. This lock would allow the owner with a special key to render the gun non functional without requiring a separate trigger lock. Instead of praising a gun manufacturer for voluntarily placing a safety device on a gun they took it off the roster in effect punishing them.

              Comment

              • #8
                pMcW
                Senior Member
                • Dec 2008
                • 553

                Originally posted by Noble Cause
                ...So idiotic that apparently even a slight
                change in the color of the stock apparently makes the handgun "Unsafe"
                and therefore unavailable for Californians to purchase. Apparently some
                colors, such as Tan, are considered to be an "Assault Color" and too
                dangerous for the general public. <sighs>...
                I agree that the roster is idiotic. But I doubt that particular colors are ruled unsafe by the safety certification process. My assumption is that the safety certification process requires a separate sample (and corresponding fee) for each finish.

                I figure that the gun manufacturers just don't want to bother with submitting the extra samples and fees for the less "conventional" finishes, when they can at least reach the CA market with plain-old blue or stainless.

                Also, it might be that the new rules for "safety features" (LCI and magazine disconnect) mean that older guns cannot be added in a new finish because those features are missing. (Not sure about that though.)

                Whole thing is still idiotic though.
                pMcW

                Comment

                • #9
                  Noble Cause
                  Veteran Member
                  • Jan 2013
                  • 2633

                  Quoted by pMcW:
                  "agree that the roster is idiotic. But I doubt that particular colors are ruled
                  unsafe by the safety certification process."

                  I was being facetious. Should have clarified my statement a bit, my bad.
                  Thanks for explaining the details for our brethern living outside of California.
                  I'm sure most of them are sympathetic to our plight.

                  The net effect is the same. Reduced availability of firearms in California.

                  Reducing availability usually increases the cost of the item. Its a win-win
                  if your anti-gun... they arbitrarily stop the sale of numerious handguns,
                  while increasing the chances prices will rise on the remaining handguns.

                  Hogstir's comment about Bersa's Arms Thunder model is a case in point.
                  The Roster is about restricting availability of handguns, not safety.

                  Noble Cause

                  Comment

                  • #10
                    Noble Cause
                    Veteran Member
                    • Jan 2013
                    • 2633

                    Situation like this might be able to get traction under the ADA act:

                    * A person unable to shoot proper defensive rounds because they are unable
                    to handle the recoil, and are reduced to only a 22LR.

                    For example:

                    They have arthritis, or any other disease affecting their ability to hold a gun.
                    They are veterans who were wounded, affecting their grip.

                    In short, any disability that results in a person only being able to fire a low
                    level cartridge, such as the 22LR, because they cannot handle the recoil
                    of a .380/ 9mm/ 45acp. Just about any firearm expert would agree the 22LR
                    is not considered to be a good defensive round, and would be at a distinct
                    dissadvantage compared to a healthy individual firing say, a 9mm.

                    Allowing disabled person to have 20 to 30 rounds of 22LR in their firearm
                    might allow them to live thru an assault. It certainly would increase their
                    chances from New Yorks recent law restricting people to only 7 rounds.

                    Just a thought.

                    The more ideas we generate, the greater the chances we will discover an
                    effective strategy.

                    Feinstein was supposedly going to introduce her bill today. I have not seen
                    any news reports confirming she has introduced the bill yet. Which is fine
                    by me... the longer she waits, the more the tidal waves of public emotion
                    will diminish back to a normal state, despite the Media constantly trying
                    to stroke them into a frenzy... the media don't want people thinking
                    rationally on this issue.

                    Unless, of course, she is waiting to take advantage of the next massacre.

                    After all, she helped create these killing zones and knows how
                    effective they are for attracting mentally disturbed predators.

                    Noble Cause
                    Last edited by Noble Cause; 01-22-2013, 8:14 PM. Reason: Spelling Correction

                    Comment

                    • #11
                      stix213
                      AKA: Joe Censored
                      CGN Contributor - Lifetime
                      • Apr 2009
                      • 18998

                      I suspect gura is busy writing an opening salvo against new york now that they have created a perfect opportunity on mags. Busy coming up with some witty comments to prove his point as we speak.

                      And sorry Noble, your OP is tl;dr

                      Comment

                      • #12
                        Marthor
                        Senior Member
                        • Oct 2011
                        • 1644

                        They say the pen is mightier than the sword.
                        What if they tried to limit free speech to a certain number of pages? Or a paragraph to number of sentences allowed?
                        National Rifle Association (NRA) Life Patriot Endowment Member
                        Single Action Shooting Society (SASS) Member
                        Concealed Handgun License
                        Originally posted by Marthor
                        You have been scammed bigly. Epic hype. Time to snap out. YW

                        Comment

                        • #13
                          Noble Cause
                          Veteran Member
                          • Jan 2013
                          • 2633

                          Quoted by stix123:

                          " And sorry Noble, your OP is tl;dr "

                          < Laughs >. Agreed. Typical newb First Post Mistake.

                          (And I should have known better. )

                          I was in a rush to write down as many ideas as I could in the
                          hope people could pick and choose them for talking points when
                          addressing anti-gun crowd / and or / sending letters to their
                          politicians.

                          Senator "She who's name shall not be spoken"
                          was suppose to launch her " Assault on the 2nd " and I wanted to
                          get the ideas out there to bolster our arsenal of talking points.

                          I should have waited a day and edited it down.

                          Having said that, imho, there are several ideas that I think are
                          interesting / and or / unique.... if you can slog thru the long post.

                          Noble Cause
                          Last edited by Noble Cause; 01-22-2013, 9:25 PM. Reason: Spelling correction

                          Comment

                          • #14
                            CDFingers
                            Banned
                            • Mar 2008
                            • 1852

                            A semi automatic rifle will function exactly the same using a ten round or a twenty round magazine.

                            Show us different, or concede.

                            CDFingers

                            Comment

                            • #15
                              kcbrown
                              Calguns Addict
                              • Apr 2009
                              • 9097

                              Originally posted by CDFingers
                              A semi automatic rifle will function exactly the same using a ten round or a twenty round magazine.

                              Show us different, or concede.

                              CDFingers
                              It doesn't function exactly the same. It fires fewer rounds before ceasing to function properly (where functioning properly means firing a round).
                              The Constitution is not "the Supreme Law of the Land, except in the face of contradicting law which has not yet been overturned by the courts". It is THE SUPREME LAW OF THE LAND, PERIOD. You break your oath to uphold the Constitution if you don't refuse to enforce unadjudicated laws you believe are Unconstitutional.

                              The real world laughs at optimism. And here's why.

                              Comment

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