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LITIGATION UPDATES:
RIGHT TO CARRY &
MAG BAN LAWSUITS
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ANJRPC's federal lawsuits to overturn NJ's unconstitutional carry law and NJ's magazine ban are proceeding, and here are updates on both cases:
RIGHT TO CARRY LAWSUIT
ANJRPC has asked the U.S. Supreme Court to agree to hear its appeal seeking to overturn NJ's carry law (which makes it impossible for the average law-abiding citizen to qualify for a NJ carry permit). The State of NJ initially ignored ANJRPC's appeal and submitted no papers but was then ordered by the U.S. Supreme Court to submit a brief. NJ asked for and received an extension of its time to submit that brief, which is now due April 19.
Although the U.S. Supreme Court is not bound by any time schedule, we anticipate that we will have an answer on whether the U.S. Supreme Court will agree to hear the appeal or not by late May or early June. If the high court agrees to hear the appeal, it would be the first time in U.S. history that the court considers the issue.
MAGAZINE BAN LAWSUIT
ANJRPC's lawsuit to overturn New Jersey's ban on magazines that can hold over 10 rounds remains before the lower federal court (the U.S. district court) for a final decision on the main case, following last year's unsuccessful attempt to put the law on hold pending the outcome of the case. It will then likely proceed back to the U.S. Court of Appeals for the Third Circuit where whatever decision is made by the lower court is appealed further, which would be a necessary step before the case can ultimately be presented to the U.S. Supreme Court for consideration. Unlike last year's proceedings, these next steps will proceed at the slower normal litigation pace.
There was significant excitement last week when a ruling overturning California's similar magazine ban was issued by a lower federal court in California. While the California federal court's decision was extremely well-reasoned and an encouraging development, the decision is from a lower federal court in California and is not binding in any way in New Jersey, and the decision is already being appealed to notoriously anti-gun courts in that circuit, where it may well be overturned. The bottom line is that, like right to carry, the issue is going to be unsettled until the U.S. Supreme Court considers the issue. ANJRPC's magazine ban case could be among the first to be considered.
SUPPORT THE LAWSUITS
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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.
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