After-Action Report: Oral Argument On Injunction Request In NJ Mag Ban Case

A Magazine Ban is a Gun Ban
A Magazine Ban is a Gun Ban

New Jersey – -(Ammoland.com)- Court Schedules Factual Hearings In Mid-August

No Decision On Injunction Before End Of Summer: July 12, 2018. This afternoon, a U.S. District Court Judge in Trenton heard oral argument on Association of New Jersey Rifle and Pistol Clubs's motion for an injunction halting enforcement of the new magazine ban law until the case is decided.

U.S. District Judge Peter Sheridan called a pre-hearing conference in chambers where he told counsel that he is scheduling a full-blown hearing on certain factual aspects of the case by mid-August. Specifically, experts who provided declarations for both sides will be brought into court to provide further detailed testimony under oath.

Following the conference in chambers, Judge Sheridan heard brief oral arguments from both sides.

Association of New Jersey Rifle and Pistol Clubs's legal team included attorneys from the law firm of Cooper & Kirk in addition to attorney Dan Schmutter. Counsel made a forceful case for why the injunction should be granted and the case resolved in favor of gun owners. They argued that New Jersey's gun owners would suffer irreparable harm if they are forced to sell, surrender, destroy or modify their property during the short compliance window before the case is decided. They also argued that the magazine ban is unconstitutional and should be overturned because it violates the Second Amendment, violates equal protection, and is an unlawful “taking” of property.

Attorneys Scott Bach, David Thompson, Dan Schmutter and Peter Patterson outside the courtroom at the recent hearing.
Attorneys Scott Bach, David Thompson, Dan Schmutter and Peter Patterson outside the courtroom at the recent hearing.

A large group of attorneys represented the State and other governmental defendants.

They argued (among other things) that magazines over 10 rounds are dangerous and unusual weapons not protected under the Second Amendment, are not needed for self-defense, and are a danger to the public, even in the hands of law-abiding citizens.

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Association of New Jersey Rifle & Pistol Clubs

About Association of New Jersey Rifle & Pistol Clubs:The Association of New Jersey Rifle and Pistol Clubs, Inc. is the official NRA State Association in New Jersey. Our mission is to implement all of the programs and activities at the state level that the NRA does at the national level. This mission includes the following: To support and defend the constitutional rights of the people to keep and bear arms. To take immediate action against any legislation at the local, state and federal level that would infringe upon these rights. Visit: www.anjrpc.org

  • 12 thoughts on “After-Action Report: Oral Argument On Injunction Request In NJ Mag Ban Case

    1. I’ll bet those attorneys for the government didn’t rule that LEOs are law-abiding citizens that don’t need mags over 10 rounds for self-defense. It would seem their argument is unconstitutional based on it creating separate classes of citizens. Would the LEOs that are “allowed” larger cap mags be required to use 10 round mags when off-duty or retired? These mag laws are total crap.

      1. Many of us LEOs, in fact an overwhelming number of us, from coast to coast, are against restrictions/controls. We have sworn to uphold the Constitution for everyone. I know what they show on the Fake News Networks, but the truth is that the rank and file are also Americans who cherish their 2d Amendment rights just like anyone else. Unlike many of our “leaders”, we realize that bad things will always happen. We realize the truth that a good man with a gun can stop a bad man with a gun. Cops have been doing it for decades, and before that, citizen posses handled such events. We realize that if push comes to shove, we want armed citizens who will back us up. And we realize the garbage the gun control mob pushes is based on lies because we can add 2+2 and come out with 4. Many of us, when we are not out trying to control the likes of ANTIFA and BLM, are paying our dues to the NRA and other pro-gun affiliates and clubs. Many of us are veterans and we support the Constitution. For now, just like so many of you, we will fight for our rights. And if special privilege is dispense to us, many of us see that as a plus for you in that it is an argument you can use against discriminations and restrictions by race, creed, color, sex, occupation, etc.

    2. The BIG problem IS the general public (non-shooters) don’t know the difference between a AR-15 & a M-16 . they all look the same (they are BLACK and scary LOOKING. Ask any gov. goon , that’s what they TELL the people.

      1. Let’s be honest. The differences between an M16 and an AR15 are minor. The M16 has a 20″ barrel while the current M4 has a 14.5″ barrel [or shorter] and most AR15s have a 16″ barrel to comply with the silly NFA restriction. There are minor differences in the BCG. The big difference is the trigger assembly and current ARs lowers are not machined to allow installation of M4/M16 triggers with a disconnector.
        Our credibility is damaged when we deny that an AR15 is 95% the same as an M4/M16.
        The civilian M15 is a fine rifle, which due to design features and modern manufacturing technology is more accurate than the best target rifles of 50 years ago. NSSF calls the AR the Modern Sporting Rifle, MSR. That says paper punching, game and target shooting is why the AR should not be banned and is the most popular rifle in the 21st Century. That is a trap.
        MSR is MILITIA STANDARD RIFLE the exact rifle described in dicta by the 1939 MILLER Court.

        1. Jim, we are supposed to share 98% of the DNA of apes. Does that make us apes or homo sapiens. Your claim that an AR-15 and an M-16 are almost identical does not make them the same. No one makes that argument that they don’t look the same, that is your straw man. The argument is that the anti-rights politicians, etc., claim it is an “assault weapon” and that is their basis for wanting to ban it. That is complete nonsense since many states still “allow” law-abiding citizens to own M-16s. What level of stupidity does one need to be at to want to ban a semi-automatic weapon when the full auto sister is still legal?

          If these antis were honest, they would ban handguns that are used in over 60% of murders. Oh, that’s right they tried that a few decades ago and failed miserably. Now they just try to limit our rights one step at a time, any way they can, to which they readily admit.

          This story on the NJ mag ban is proof of that. MD instituted a mag ban, I believe it was last year. Now they are finding more “high cap” mags at crimes scenes then they did prior to the ban. Apparently the ban made the mags more desirable to the criminals. Odd how criminals don’t abide by those laws, right?

          The other issue with mag limits is that they never are applied to LE. When NYS was passing their “SAFE” Act, they did not include an exemption for LE and military. NY LE departments argued they needed their standard cap mags for the safety of their officers. Odd how they are safer with more rounds in their mags, but somehow we are safer with fewer in ours. Making separate classes of citizens violates our rights and goes against one of the founding principles of this country, egalitarianism. These laws are unconstitutional.

      2. He!! they don’t know the differrence between an AR-15, P-320 or a G19. To them they are all just Black & scary like the people used to be until they needed them to get elected.

      3. @rich, the socialist democrat party, and leftists in general, have worked hard to make sure that the general public (non-shooters) don’t know the difference. And I bet that judge Kananaugh does not know the difference either.
        We are working for a come-from-behind win.

    3. All these Democrats aka socialist all get the same memo, disarm the public so they can run rampant on your freedoms and they will if they get their way ,these end runs around the constitution are only the start if they are allowed to get away with these unconstitutional infringements, I wonder how these people get elected pretty sure the have fabricated many lies to get put in office only to stomp all over the oath they took, hopefully the courts will stand with the constitution.

    4. This foolishness is like making cars that can’t exceed 25 mph, but making gasoline illegal. You wind up with a nice planter for your front lawn, but not allowed to put in any plants. NJ and their new “governor” are done. Enjoy your new found slavery.

    5. Hopefully the recent decision in the Defense Distributed lawsuit will have an effect in this case too.

      “As part of the settlement, the government acknowledges that “non-automatic firearms up to .50-caliber” such as the popular AR-15 and other semi-autos, are not “military” in nature,”

        1. Well WB, thankfully this was the Feds saying it so I have to think it will be pretty tough to put this cat back in the bag. As for Judge Grey, I see he said an awful lot but am unclear what specifically you might be thinking of.

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