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
Different Election, Same Billionaire, Same Gun Control Agenda

News  

Monday, October 26, 2026

Different Election, Same Billionaire, Same Gun Control Agenda

Another election, same former New York City mayor Michael Bloomberg working to shape the nation’s gun laws. For years, NRA has exposed Bloomberg’s relentless efforts to export New York style gun restrictions to the rest ...

NRA Launches New Texas Senate Ad as Part of Multi-Million Dollar Campaign to Retain Pro-Gun Majorities in Congress

News  

Wednesday, October 14, 2026

NRA Launches New Texas Senate Ad as Part of Multi-Million Dollar Campaign to Retain Pro-Gun Majorities in Congress

FAIRFAX, Va. —  Today, the NRA Victory Fund Inc. released a new 30-second ad highlighting Democrat U.S. Senate candidate James Talarico’s longstanding support for banning so-called “assault weapons” and standard-capacity magazines—the firearms and accessories owned by ...

Virginia Bills Spark Gun-Buying Boom, Warning from DOJ

News  

Tuesday, April 28, 2026

Virginia Bills Spark Gun-Buying Boom, Warning from DOJ

As your NRA-ILA has reported over the last several weeks, the Democrat-controlled Virginia General Assembly and Governor Abigail Spanberger (D) have, between them, approved a sweeping array of radical gun control bills aimed, as NRA’s John Commerford says, ...

Article by NRA-ILA Litigation Director Joseph Greenlee and Professor George Mocsary Published in Yale Law Journal Forum

News  

Monday, November 2, 2026

Article by NRA-ILA Litigation Director Joseph Greenlee and Professor George Mocsary Published in Yale Law Journal Forum

A new Essay authored by NRA-ILA Litigation Director Joseph Greenlee and University of Wyoming College of Law Professor George Mocsary has been published in the Yale Law Journal Forum.

Trump’s Gun Rights Policies Making America Safe Again

News  

Monday, November 2, 2026

Trump’s Gun Rights Policies Making America Safe Again

“Crime’s way down thanks to Trump — Dems will fight to send it back up,” warns an editorial in the N.Y. Post. “Law-and-order works. Immigration enforcement works. And — like it or not — Trump’s ...

The Hunting Vote: What’s at Stake in 2026 and Beyond

News  

Monday, November 2, 2026

The Hunting Vote: What’s at Stake in 2026 and Beyond

As votes are now being cast nationwide, one influential voting bloc is drawing renewed attention: America's hunters, sportsmen, and sportswomen.

District Court Declines to Enter Agreement to Invalidate Florida’s Waiting Period Law in NRA Case and Invites Amici Participation

Thursday, October 29, 2026

District Court Declines to Enter Agreement to Invalidate Florida’s Waiting Period Law in NRA Case and Invites Amici Participation

Yesterday, U.S. District Judge Steven D. Merryday denied the parties’ joint motion for entry of judgment in the National Rifle Association’s challenge to Florida’s firearm waiting period law. The case, Dunn v. Glass, remains pending ...

The Election is Over: Now the Real Work Begins

News  

Wednesday, November 4, 2026

The Election is Over: Now the Real Work Begins

While the complete picture from the 2026 midterm elections is still emerging, the results, to say the least, were not what gun owners wanted. Anti-gun forces took control of the U.S. Senate and House of ...

NRA Files Lawsuit Challenging Pennsylvania’s Carry Restrictions for Adults Under 21

Friday, October 30, 2026

NRA Files Lawsuit Challenging Pennsylvania’s Carry Restrictions for Adults Under 21

Today, the National Rifle Association, Firearms Policy Coalition, and an individual, Daniel Maines, filed a lawsuit challenging Pennsylvania’s carry restrictions for adults under 21.

Jive Turkeys: Everytown Gears Up to Spoil Thanksgiving with Gobbledygook

News  

Monday, November 17, 2025

Jive Turkeys: Everytown Gears Up to Spoil Thanksgiving with Gobbledygook

Thanksgiving in America isn’t just about food, family and football. According to a survey published by casino.ca (with its Great Thanksgiving Family Feud Map), the holiday typically “comes with a slice of family chaos and a touch of ...

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.