Explore The NRA Universe Of Websites

APPEARS IN News

Federal Court Upholds N.J. Mag Ban, Reminds Gun Owners Importance of Federal Judiciary

Friday, October 5, 2018

Federal Court Upholds N.J. Mag Ban, Reminds Gun Owners Importance of Federal Judiciary

Just in case gun owners needed another reason to back Judge Brett Kavanaugh’s nomination to the U.S. Supreme Court or to get energized ahead of the 2018 midterm elections, the U.S. District Court for the District of New Jersey gave us one. On September 28, District Judge Peter G. Sheridan denied a motion for a preliminary injunction that would have enjoined enforcement of New Jersey’s 10-round magazine capacity limit.

Back on June 13, New Jersey’s anti-gun Governor Phil Murphy signed A2761 into law. The legislation altered the state definition of “large capacity ammunition magazine”from magazines that can accept more than 15 rounds down to those that can accept more than 10. Owners of the newly prohibited magazines are required to forfeit possession of their property within 180 days, or to permanently modify their magazines to accept no more than 10 rounds.

Shortly after A2761 was signed, NRA-ILA announced that it was joining with the Association of New Jersey Rifle & Pistol Clubs to challenge the new law. At the time, NRA-ILA Executive Director Chris Cox noted, “Magazine bans do not deter criminals or improve public safety. Instead, they irrationally burden the rights of law-abiding gun owners.”This is in line with a Department of Justice-funded study of the 1994 federal semiautomatic ban, which also restricted magazines with a capacity greater than 10 rounds. The study noted that “[s]hould it be renewed, the ban’s effects on gun violence are likely to be small at best and perhaps too small for reliable measurement.”

In his decision, Sheridan conceded that magazines with a capacity greater than 10 rounds are in “common use”and thus entitled to Second Amendment protection. However, Sheridan then proceeded, as other courts have done, to apply an infinitely malleable interest-balancing test standard to determine whether New Jersey’s infringement on the Second Amendment right is permissible.

In this vein, Sheridan concluded that the Garden State’s magazine ban should be subject to intermediate scrutiny, meaning that the policy must further an important government interest by a method substantially related to the interest. The court, acting as policy analyst, rejected testimony refuting the efficacy of magazine bans and adopted the state’s purported concerns over the criminal use of these items.

The Association of New Jersey Rifle & Pistol Clubs has made clear that they intend to appeal the decision.

Ironically, Sheridan may have done some of a future Supreme Court’s analysis on magazine bans for them. In his decision, the judge stated, “[m]uch of the legal history and tradition of [large capacity magazine] restrictions in the United States is relatively recent and evolving.”In his District of Columbia v. Heller opinion, Justice Antonin Scalia did not set forth an interest-balancing test for Second Amendment cases. Instead, Scalia noted that only some “longstanding”firearms restrictions were acceptable.

As a judge on the U.S. Court of Appeals for the D.C. Circuit, Judge Kavanaugh faithfully interpreted the Heller decision in his dissent in Heller v. District of Columbia, or Heller II. Judge Kavanaugh explained that a court must “assess gun bans and regulations based on text, history, and tradition, not by a balancing test such as strict or intermediate scrutiny.”Sheridan’s own writing appears to acknowledge magazine bans are of relatively recent vintage, undercutting their legitimacy under the proper Heller standard.

The U.S. District Court for the District of New Jersey’s decision to uphold the state’s new magazine ban underscores the important role the federal judiciary plays in protecting Americans’constitutional rights. Moreover, this stark example of the need for principled jurists on the federal bench comes at a time when Americans can make a direct impact on the courts’future. Gun rights supporters eager for a federal judiciary that respects their rights must make their support for Judge Brett Kavanaugh’s Supreme Court nomination known to their Senators and vote on November 6 to ensure that President Donald Trump has a Senate that will confirm all of his pro-Second Amendment judicial nominees.

IN THIS ARTICLE
New Jersey magazine ban
TRENDING NOW
Trump Administration Revives Federal Firearm Rights Restoration Provision

News  

Friday, March 21, 2025

Trump Administration Revives Federal Firearm Rights Restoration Provision

On March 20, the U.S. Department of Justice (DOJ) published an interim final rule entitled, Withdrawing the Attorney General’s Delegation of Authority. That bland title belies the historic nature of the measure, which is aimed at reviving ...

Washington: Permit to Purchase Bill Passes Senate

Tuesday, April 15, 2025

Washington: Permit to Purchase Bill Passes Senate

On Monday, April 14th, the Senate passed House Bill 1163, the permit-to-purchase scheme, along party lines. It will now return to the House for concurrence with amendments made in the Senate.

Germany Strips “Extremist” AfD Members, Supporters of Gun Licenses, Guns

News  

Monday, April 14, 2025

Germany Strips “Extremist” AfD Members, Supporters of Gun Licenses, Guns

It’s been only a few years since the San Francisco Board of Supervisors passed a resolution calling the NRA a “domestic terrorist organization.” 

Colorado: "Polis Permission Slip" Signed Into Law in a Secret Ceremony

Thursday, April 10, 2025

Colorado: "Polis Permission Slip" Signed Into Law in a Secret Ceremony

Ignoring months of advocacy and correspondence from tens of thousands of Coloradans, Governor Jared Polis has signed Senate Bill 25-003 into law.

House Judiciary Committee Votes to Advance Concealed Carry Reciprocity Legislation

News  

Tuesday, March 25, 2025

House Judiciary Committee Votes to Advance Concealed Carry Reciprocity Legislation

On Tuesday, March 25, 2025, the House Judiciary Committee held a markup for several bills, including two NRA-backed bills. With this crucial step in the legislative process now complete, these pieces of legislation can now ...

The Unkindest Cut: British Crackdown on “Ninja Swords” Suggests Bias, Futility

News  

Monday, April 14, 2025

The Unkindest Cut: British Crackdown on “Ninja Swords” Suggests Bias, Futility

The United Kingdom (UK) has a long history of exerting control over its subjects, especially when it comes to depriving them of arms.  It also has a weird history, albeit a shorter one, of an apparent ...

North Carolina: Second Amendment Financial Privacy Bill Advances to House Floor

Thursday, April 17, 2025

North Carolina: Second Amendment Financial Privacy Bill Advances to House Floor

This week, the Second Amendment Financial Privacy Act, House Bill 38 (H38), passed favorably out of both the House Judiciary 1 Committee and the House Rules Committee, and is now scheduled for consideration on the House floor ...

North Dakota: Firearm Carry Enhancement Bill Heads to Governor's Desk

Tuesday, April 15, 2025

North Dakota: Firearm Carry Enhancement Bill Heads to Governor's Desk

On Tuesday, April 15th, the House concurred with Senate amendments on House Bill 1588 with a vote of 87-4. 

Michigan: Red Flag Expansion Passes Senate

Wednesday, April 16, 2025

Michigan: Red Flag Expansion Passes Senate

Yesterday, the Michigan Senate passed SB 111, a red flag expansion, along party lines. The bill will now be transmitted to the House, for further consideration. Use the Take Action link below to contact your ...

Trump DOJ Creates Second Amendment Task Force to Undo Damage of Biden Era

News  

Monday, April 14, 2025

Trump DOJ Creates Second Amendment Task Force to Undo Damage of Biden Era

Last week, the U.S. Department of Justice (DOJ) formally announced the creation of a Second Amendment Task Force with Attorney General Pam Bondi declaring, “It is the policy of the Department of Justice to use its full ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.