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ANJRPC FILES LEGAL BRIEF ON THE MERITS
IN MAG BAN CASE APPEAL


October 5, 2018. Today, ANJRPC filed a 66 page legal brief with the U.S Court of Appeals for the Third Circuit, in the appeal of the lower court's ruling in the magazine ban case. The brief covers the substance of ANJRPC's main argument in the appeal, also known as a "merits" brief.
 
Please click here for a copy of the merits brief.
 
This represents the fourth legal filing by ANJRPC in the appeal in the last week. To help sort out the big picture of what is occurring, here is a listing of key events and deadlines in the appeal:
 
September 28: Lower court refuses to grant injunction halting mag ban. ANJRPC files notice of appeal to Third Circuit.
 
October 1: ANJRPC files separate motions with Third Circuit to expedite appeal and for injunction halting enforcement of mag ban pending appeal.
 
October 2: Third Circuit grants motion to expedite appeal.
 
October 5: ANJRPC files merits brief in appeal with Third Circuit.
 
October 10: State of NJ response to ANJRPC motion for injunction pending appeal is due.
 
October 15: ANJRPC reply to NJ on motion for injunction pending appeal is due. Third Circuit to decide whether to grant injunction at any time after this date.
 
October 26: State of NJ merits brief in response to ANJRPC merits brief is due.
 
November 2: ANJRPC reply to NJ merits brief is due.
 
Week of Nov 12: Oral argument on merits briefs tentatively scheduled.
 
Thereafter: Third Circuit to decide merits of appeal (precise timetable unknown).
 
We ask that gun owners continue to be patient while we pursue every available procedure to halt enforcement of the new law. Gun owners who choose to hold onto their magazines until then should be prepared to take immediate action with their magazines prior to the December 10 compliance deadline, if necessary. ANJRPC intends to issue detailed legal and practical guidance for gun owners by late October.
 
CLICK HERE TO DONATE TO THE CASE!
 
Please forward this email to every gun owner you know, and if you don’t already receive alerts from ANJRPC, please subscribe to our free email alerts for the latest Second Amendment breaking news and action alerts.
 
About ANJRPC: The 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.

 
ANJRPC TAKES EXPEDITED APPEAL
AS LOWER COURT REFUSES INJUNCTION
IN MAGAZINE BAN CHALLENGE


U.S. District Judge Refuses to Enjoin Magazine Ban

ANJRPC Ready, Invoking Expedited Procedure 
Seeking to Halt The New Law While Appeal is Pending

Expedited Decision on Injunction Pending Appeal Anticipated Around Late October

Consider Holding Onto Your Magazines Until Then
ANJRPC to Issue Detailed Guidance at That Time


September 28, 2018. A U.S. District Judge today refused to issue a preliminary injunction, or an injunction pending appeal, halting enforcement of New Jersey’s magazine ban enacted in June. See a copy of that legal decision here.

However, the district court’s decision is not the last word on the matter. ANJRPC counsel were ready for the contingency and have already filed a notice of appeal, and they anticipate filing the papers Monday seeking an expedited decision halting the law during the appeal.


Despite finding that the banned magazines are “in common use,” the district court in its decision disregarded the Supreme Court’s clear command in Heller that such arms may not be banned. The court decided that the magazine ban does not “substantially affect [individuals’] ability to defend themselves” even though the Second Amendment does not permit a State to pick and choose which arms it deems sufficient for self-defense. The court then denied Plaintiffs’ Equal Protection claim, applying an improperly low Constitutional standard, and denied Plaintiff Takings claim, finding that requiring a person to spend substantial money on modification does not require compensation.

An expedited decision on the request for an injunction pending appeal is anticipated in late October or early November. ANJRPC intends to issue detailed legal and practical guidance for gun owners by that time. We ask that gun owners continue to be patient while we pursue every available procedure to halt enforcement of the new law. Gun owners who choose to hold onto their magazines until then should be prepared to take immediate action with their magazines prior to the December 10 compliance deadline, if necessary.

As we enter this critical time-sensitive phase of the magazine ban lawsuit, ANJRPC wishes to thank the law firm of Cooper & Kirk, and attorney Dan Schmutter, for their extraordinary efforts anticipating every possible contingency and being prepared in advance to take immediate action to protect gun owners. ANJRPC also wishes to thank NRA-ILA for its ongoing extraordinary support of this case.

 

CLICK HERE TO DONATE TO THE CASE!


Please watch for further updates and alerts.


 

 

CLICK HERE TO SEE ANJRPC'S NEW LAWSUIT

TO OVERTURN NJ MAG BAN!


CLICK HERE TO SEE ANJRPC LEGAL BRIEF
SEEKING INJUNCTION IN MAG BAN CASE!



 

ANJRPC EXCLUSIVE:
FIRST LOOK AT NAPPEN LEGAL
ANALYSIS ON MAGAZINE BAN!

June 14, 2018.  Legendary gun rights attorney and ANJRPC board member Evan Nappen is updating his book on New Jersey gun law with analysis of the new anti-gun laws signed by Governor Murphy yesterday.  He has just updated the section on magazines to include analysis of the new magazine ban.

As an exclusive to ANJRPC members and those subscribed to this email list, and as a service to all New Jersey gun owners, Evan is allowing ANJRPC to make the first public release of the updated section on magazines in this alert.

CLICK HERE TO READ NAPPEN’S ANALYSIS ON THE MAGAZINE BAN!

Please spread this email far and wide so that all New Jersey gun owners can benefit from this information.

In the coming days, Evan will also be preparing updates on the other Murphy gun laws, and ANJRPC will be making the first public release of those as well.  Please watch for upcoming alerts.




 

ANJRPC SUES TO OVERTURN NEW MAGAZINE BAN, WITHIN MINUTES OF IT BEING SIGNED BY GOVERNOR

 

June 13, 2018 — Before the ink from Governor Murphy’s pen was dry on newly enacted legislation banning firearms magazines above ten rounds, ANJRPC filed suit in federal court to overturn the new law.

 

“This unconstitutional law will be ignored by criminals and madmen, and affects only law-abiding citizens,” said ANJRPC executive director Scott Bach. “It turns one million people into criminals with the stroke of a pen, limits self-defense, and takes away property lawfully acquired,” continued Bach. “Buy it yesterday, ban it today, go to prison tomorrow – it’s the Jersey way, and the goal of our lawsuit is to boot this law, which makes no one safer, into the trash heap of history where it belongs.”

 

ANJRPC’s lawsuit highlights the many constitutional infirmities in New Jersey’s magazine ban. A federal court in California recently enjoined the operation of a similar magazine ban and ANJRPC believes New Jersey’s ban will meet a similar end – especially if the case reaches the United States Supreme Court.  A link to the complaint in the case is available at the top of ANJRPC’s homepage (see abovewww.anjrpc.org.

 

This lawsuit was filed in cooperation with the National Rifle Association. “We thank the NRA for its incredible support and guidance, which made this new lawsuit possible,” said Bach.

Any New Jersey resident interested in joining ANJRPC in the lawsuit should contact us at strikeforce@anjrpc.org, especially those who have ever been burglarized, robbed, attacked, or even threatened by a gang or by multiple criminals at the same time, in a documented incident.

 

PLEASE SUPPORT THE LAWSUIT! CLICK HERE TO DONATE!

 

At the same ceremony where he signed the magazine ban, Murphy also signed the other five bills in the anti-gun package passed by the legislature last week: two misguided mental health bills, an attack on right to carry, elimination of private sales, and a redundant ban on ammunition that is already federally prohibited.

 

ANJRPC will soon be providing detailed legal analysis on each of the bills that were signed into law, beginning with the magazine ban. Please watch for upcoming alerts with the analysis.

 

Please forward this email to every gun owner you know, and if you don’t already receive alerts from ANJRPC, please subscribe to our free email alerts for the latest Second Amendment breaking news and action alerts.

 

About ANJRPC: The 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.

 



ANJRPC STATEMENT FOLLOWING PASSAGE OF ANTI-GUN LEGISLATION

 

June 7, 2018 — In a fervor to exploit tragedy and advance a longstanding agenda to limit gun rights, a majority of Garden State lawmakers voted today to pass a package of gun bills that target the rights of law-abiding citizens instead of severely punishing criminals and madmen who misuse firearms.

“None of the bills passed today will make anyone safer,” said ANJRPC Executive Director Scott Bach. “Lawmakers have squandered an important opportunity to make our schools safer and prevent those with serious mental health issues from obtaining firearms in the first place.”

“Instead,” continued Bach, “they have enacted a series of measures limiting the ability of citizens to defend themselves, and enabling those hostile to gun rights to abuse legal process to harass gun owners.  Law-abiding firearms owners are not the problem, and limiting their rights accomplishes nothing to advance safety.”

Once these bills are signed by the governor, which could come before the weekend, ANJRPC plans on taking the fight to the courts, where we expect unconstitutional laws to be overturned, and lawmakers to be forced to respect the rights of law-abiding citizens.

ANJRPC would like to thank the tens of thousands of gun owners who participated in our grassroots blitz leading up to today’s vote.  We received several requests from legislators to “make it stop,” and some gun owners reported that there was an attempt to place a firewall on the legislative server in an effort to block messages in the last 24 hours.  Based on the overwhelming volume of calls and emails sent, one thing is certain: lawmakers know with certainty that any effort to limit the gun rights of law-abiding citizens is going to be difficult and painful every step of the way, and they will pick their future battles very carefully.

ANJRPC will be providing detailed analysis of the new laws and their impact on law-abiding gun owners in the coming days and weeks.  Regarding the magazine ban, there is a 180-day implementation period within which to comply, so there is time for you to assess the best course of action to take with respect to your property.  That time has the potential to be further extended in anticipated litigation.

Please forward this email to every gun owner you know, and if you don’t already receive alerts from ANJRPC, please subscribe to our free email alerts for the latest Second Amendment breaking news and action alerts.

About ANJRPC: The 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.



 
2000 GUN OWNERS RALLY
AT WAR MEMORIAL
March 27 - Two thousand gun owners came from all over the state yesterday to pack the steps of the Trenton War Memorial at the gun owner rally sponsored by ANJRPC and NRA. The rally caused street closures and traffic congestion near the State House as the Assembly prepared to vote on its anti-gun bill package.

Attendees heard from 23 speakers including Second Amendment leaders, legislators, and candidates. Speakers included Anthony Colandro, Evan Nappen, Scott Bach, Bob Viden, Darin Goens, Dan Schmutter, Theresa Inacker, Tony Simon, Dave Rosenthal, and Mark Cheeseman. Legislators who spoke included State Senator Steve Oroho, Assemblymen Michael Patrick Carroll, Parker Space, Hal Wirths, and former Assemblywoman Donna Simon.

The media was out in force at the rally, and coverage was widespread. Here is just a sample:

News 12 NJ: Click here.

New York Times: Click here.

Wall Street Journal: Click here.

Washington Post: Click here.

NJ Herald: Click here

 

 

 

ASSEMBLY PASSES ANTI-GUN BILL PACKAGE
NEXT STOP: STATE SENATE

As anticipated, the badly misguided package of six anti-gun bills passed out of the full Assembly on March 26. The legislation is now at a standstill until it is heard in State Senate committee, and then voted on in the full Senate. So far, no action has been scheduled in the Senate. We will publish the complete voting record of every legislator on these bills in a subsequent alert.

A significant amendment to the magazine ban legislation (A2761) was added at an Assembly Appropriations committee hearing last week, after ANJRPC Executive Director Scott Bach harshly criticized the measure during testimony and warned lawmakers that it would stimulate waves of litigation. The amendment would extend the current practice of exempting large capacity magazines that have been modified to accept ammunition up to the statutory limit. Prior to the amendment, the legislation would have forced gun owners to either destroy, surrender, or sell their magazines. Even with the amendment, the legislation is still unacceptable and will be opposed with all of our resources.

The other bills that passed the Assembly yesterday are:

A1217 (No-Notice Suspension of Gun Rights) 

A1181 (Allows Suspension of Gun Rights by Unaccountable "Health Professionals")

A2758 (Kills Self-Defense) - Cements NJ's unconstitutional "justifiable need" carry permit standard into statute to prevent most law-abiding citizens from ever exercising the right to self-defense with a firearm outside the home. 

A2759 (Bans Ammunition That is Already Banned Federally)

A2757 (Background Checks on Sales That Already Require Background Checks) 

The fight is far from over. Please prepare for Senate hearings later this spring, and for legal challenges down the road. 

WE NEED YOUR HELP! Please support our efforts by joining or donating to ANJRPC.

Please forward this page to every gun owner you know, and if you don't already receive alerts from ANJRPC, please subscribe to our free email alerts for the latest Second Amendment breaking news and action alerts.

About ANJRPC: The 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.

 


 

February 5—ANJRPC announced today that it has filed suit in federal court to overturn New Jersey’s draconian restrictions on carrying a handgun outside the home for self-defense!

Under New Jersey law, a permit to carry a handgun may be issued only to those citizens who show that they face a unique need for self-defense – such as specific, documented death threats or actual attacks. Ordinary citizens are barred from carrying a handgun outside the home for self-defense, under threat of up to 10 years in prison. The new lawsuit seeks to overturn New Jersey’s carry law on the ground that it violates the Second Amendment. 

Click here to see a copy of the complaint in the case.

In the landmark 2008 Heller decision, the U.S. Supreme Court held that the Second Amendment protects the individual right to keep and bear arms for self-protection, and it struck down a District of Columbia law banning the possession of firearms in the home.

“The core Second Amendment right of armed self-defense is just as important to an ordinary New Jersey citizen when she is traveling through a dangerous neighborhood as it is when she is safe in her home,” said ANJRPC Executive Director Scott Bach. “The Supreme Court has said that the States cannot ban people from keeping firearms for self-defense in their homes, and New Jersey’s restrictions on carrying firearms outside the home will meet the same end.”

Federal courts in New Jersey have previously upheld the State’s restrictions, but the new lawsuit—which was filed in cooperation with the National Rifle Association—asks the courts to take another look at the issue, based on a recent federal decision striking down the District of Columbia’s similar law as flatly unconstitutional. “We thank the NRA for its incredible support and guidance, which made this new lawsuit possible,” continued Bach.

“The Supreme Court has repeatedly held that police have no legal duty to protect individual citizens from harm, which means you’re on your own in an emergency,” Bach continued. “The same government that abandons its duty to keep you safe should not also block your Constitutional right to protect yourself.  Right to carry’s time is coming in the Garden State, and ANJRPC and NRA are at the forefront of that movement.”

Although the lawsuit has already been filed, ANJRPC requests that anyone recently denied a carry permit in New Jersey contact us ASAP at lawsuit@newjerseycarry.com.

Please forward this email to every gun owner you know, and if you don’t already receive alerts from ANJRPC, please subscribe to our free email alerts for the latest Second Amendment breaking news and action alerts.

About ANJRPC: The 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.

 


 




In anticipation of proposed New Jersey legislation limiting magazine capacity, ANJRPC has joined a federal legal challenge to "large capacity" magazine bans currently pending in the U.S. Court of Appeals for the Ninth Circuit. 

Duncan v. Becerra made headlines back in July when a U.S. District Court judge temporarily blocked a California law banning and confiscating firearms magazines holding over 10 rounds of ammunition. Currently on appeal to the infamous Ninth Circuit, the case is already deep in the federal court pipeline and poised to head toward the U.S. Supreme Court. 

By joining a federal magazine ban case already in progress, ANJRPC is ahead of the curve and helping to defeat hardware bans in advance of new legislation in the Garden State.

Read more about the Duncan case here. Read the judge's opinion blocking the ban here. Read the friend of the court brief which ANJRPC joined here.

 

As the new legislative session begins in the Garden State, gun owners are already starting to react to the flurry of anti-gun bill introductions in Trenton. 

In an exclusive interview with Cam Edwards on NRA TV (click here to view), ANJRPC Executive Director and NRA Board Member Scott Bach sorts out fact from fiction and discusses the importance of strategic opposition to legislation.

Among other things, Bach discusses the importance of focusing the collective power of gun owners like a laser, when and where it is needed most, rather than dissipating gun owner energy by uncoordinated or ill-timed effort.

 

The following is reprinted from Scott Bach's Executive Director Message in the January-February issue of ANJRPC Member Magazine News & Briefs.

November's election outcome couldn't have been much worse. A national wave of pent-up liberal frustration swept over both New Jersey and Virginia. It was made worse in the Garden State by the vengeance of unions and other key voting blocs hurt by Governor Christie. The end result was loss of the governorship, larger anti-gun majorities in the legislature, and an election night nail-biter for some pro-gun incumbents from traditionally safe districts. 

And now, the aftermath. Higher taxes, impending sanctuary statehood, a taxpayer-funded state bank, and yes - a full frontal assault on the Second Amendment, euphemistically styled as a "conversation" about "common sense gun safety laws." But there will be no conversation, no common sense, and it won't be about gun safety - it will be about targeting the gun rights of honest citizens instead of punishing violent criminals.

We're going to see an aggressive push to limit magazine capacity, ban large caliber firearms, activate the "smart gun" law, tax gun ownership, regulate ammunition, reverse Governor Christie's carry improvements, mandate training, and all manner of schemes and contrivances to limit Second Amendment rights, and to harass and demonize law-abiding gun owners. What we won't see is any meaningful effort to severely punish violent gun criminals, or end the catch-and-release justice system that puts them back out on the street.

New Jersey's gun ban extremists are going to unleash eight years of pent-up frustration in a torrent of attacks that will rival what we saw in 2013. Except this time, the new Governor is all too willing to sign whatever comes his way.

New Jersey gun owners survived Governors Florio, McGreevey, and Corzine. Somehow, we will survive Governor Murphy too, but it's going to take everything we've got - everything. It's going to take our time, our energy, our faith, and our resources. We'll have to do battle publicly, privately, in the media, and in the courts. We'll have to persevere when it seems hopeless, fight when it seems unwinnable, and march fearlessly into battle, over and over, with the odds stacked badly against us.

New Jersey gun owners have done it before, and now we have no choice but to do it again. You have a critical role in these upcoming battles, and that is to make your voice heard, long and loud, throughout the entire process, even when it seems futile (it's not). 

Those who won't see the light must be made to feel the heat - they must be made to understand that we will not give up, we will resist them at every turn, they will have to work hard to gain every inch, and then they will have to work even harder to defend their gains. 

A battle unlike any other is about to unfold. Get ready to Stand and Fight.






 

                                       Lieutenant Governor Kim Guadagno (center) joins ANJRPC Executive Director Scott Bach and 
                                  ANJRPC President Kathy Chatterton at the Association’s Annual Meeting Oct. 15

In an unprecedented event, Lieutenant Governor Kim Gaudagno delivered the keynote address to multiple standing ovations at ANJRPC’s 81st annual meeting and luncheon on Sunday, October 15 at the Grand Summit Hotel in Summit. Guadagno is the Republican candidate for Governor in the November 7 election.

“The Lieutenant Governor’s historic appearance marks the first time that a high-level member of the New Jersey executive branch has addressed an annual meeting of law-abiding gun owners,” said ANJRPC Executive Director Scott Bach. “We are grateful to Lieutenant Governor Guadagno for making this bold public statement of support of firearms owners and the Second Amendment.”

ANJRPC was inundated with media inquiries about the Lieutenant Governor’s appearance, with one reporter even attempting to gain entry to the meeting despite it being closed to the press.

The meeting was attended by an enthusiastic crowd, including other elected officials and candidates for office. ANJRPC President Kathy Chatterton led the meeting off with a discussion of the Association’s activities and achievements over the past year.

Along with other reports provided by ANJRPC officers and committee chairs, several special reports were given. NRA-ILA Grassroots Coordinator Christian Ragosta outlined what the NRA is doing for New Jersey, including hiring several full-time staff in New Jersey to coordinate grassroots activities leading up to November 7.

Also giving special reports were ANJRPC lobbyist Rob Nixon who presented a legislative report summarizing the current political climate in Trenton, attorney Dan Schmutter who provided updates on the ANJRPC’s Permitting StrikeForce™ and several cases related to gun rights in New Jersey. Assemblyman Anthony Bucco (R25) took the podium to urge attendees to support pro-2A candidates statewide. Other public officials in attendance included Freeholders Deborah Smith (Morris County) and George Graham (Sussex County). Following the reports, the meeting was opened to the audience for a lively Q&A session.

In her keynote address, Lieutenant Governor Guadagno discussed New Jersey Second Amendment issues and a variety of other issues, including taxes, healthcare, banking, and other matters affecting residents of the state.




 

Donations can be sent to:

Scott Bach, PO Box 651, Newfoundland, NJ 07435

   

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