| ANJRPC ASKS APPEALS COURT TO
OVERTURN NJ MAGAZINE BAN |
February 3, 2020. Last week, ANJRPC filed an appeal brief in the U.S. Court of Appeals for the Third Circuit asking the middle-level federal appeals court to overturn New Jersey’s 2018 ban on firearms magazines that hold over ten rounds of ammunition. If successful, the appeal would nullify and end the ban. If unsuccessful, the stage would be set for ultimate appeal to the U.S. Supreme Court. In either event, ANJRPC’s action represents the next major step in challenging New Jersey’s unconstitutional mag ban, which criminalizes possession of previously-legal property, makes no one safer, and actually gives criminals the advantage over law-abiding citizens.
See a copy of ANJRPC’s recently-filed appeal brief here.
The next steps in the process include the filing of responsive papers by the state of New Jersey, and ANJRPC’s reply to those papers. ANJRPC has also asked the court to delay its decision until the U.S. Supreme Court soon sets new rules for deciding Second Amendment cases, expected in a forthcoming decision of the high court in an unrelated gun law case from New York City. A decision in the New York City case is also expected to break the logjam of other Second Amendment cases being held by the Supreme Court, including ANJRPC’s separately pending challenge to New Jersey’s unconstitutional carry laws.
Prior to ANJRPC’s new action in the mag ban case, the State of New Jersey had rushed to declare a premature “victory” in the case, when the lowest-level federal court agreed to dismiss it. But the federal Court of Appeals for the Third Circuit then told New Jersey “not so fast” as it forced the state to respond to ANJRPC’s appeal. New Jersey has been trying to end the mag ban case before the Supreme Court can set new rules (in the New York City case) that may apply to the mag ban case.
ANJRPC is grateful to NRA-ILA for its generous support of the mag ban challenge.
Please watch for further updates and alerts on this developing story.
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