Hold Onto Your Magazines – We Anticipate a Decision. On our Injunction Motion in September, detailed guidance to follow after.
New Jersey – -(AmmoLand.com)- It has been a busy summer for Association of New Jersey Rifle & Pistol Club’s federal legal challenges to New Jersey’s magazine ban and unconstitutional carry laws. There has been significant activity in both lawsuits, and the following updates have been provided by attorney Dan Schmutter, Esq., who is local counsel in both cases:
NORMAL MAGAZINE BAN CASE
The U.S. District Court held evidentiary hearings over three days during the week of August 13th on ANJRPC’s application for a preliminary injunction in the lawsuit to strike down New Jersey’s new magazine ban (which prohibits the possession of magazines with a capacity over 10 rounds). The injunction application seeks to put the new law on hold while the case is decided.
The Court heard testimony from three of the State’s witnesses and then finished up the week hearing testimony from our expert witness, Florida State University Criminologist Professor Gary Kleck.
The State’s witnesses offered various opinions on the nature and use of magazines with a capacity of greater than 10 rounds. Cross-examination of the State’s witnesses was thorough and crisp, and the Judge was engaged and attentive.
Professor Kleck testified that depriving law-abiding gun owners of standard capacity magazines holding over 10 rounds will not only not reduce mass shootings, but will also make lawful self-defense more difficult. He also addressed the opinions of the State’s witnesses, identifying flaws in their data and reasoning.
The parties are scheduled to submit closing briefs on the injunction motion on September 4, followed by telephonic oral argument on September 6.
[Important Note from ANJRPC: We have received numerous inquiries from gun owners asking for guidance on what to do with their magazines. ANJRPC will issue detailed guidance once we have a decision on the injunction motion, and we suggest that gun owners await that decision before doing anything with their magazines over 10 rounds. In the meanwhile, gun owners are cautioned not to use, transport, or attempt to purchase magazines over 10 rounds – all of which are prohibited and could result in serious criminal charges. Please see prior guidance from gun rights attorney Evan Nappen on this subject.]
RIGHT TO CARRY LAWSUIT: Carry Lawsuit Moving Through Federal Appeals Court
Association of New Jersey Rifle & Pistol Club’s federal lawsuit Rogers v. Grewal, challenging New Jersey’s carry law, is moving forward. In May, as expected, the District Court dismissed the case, stating it was bound by a previous decision of the U.S. Court of Appeals for the Third Circuit, Drake v. Filko, upholding the law. We then filed an appeal with the Third Circuit in June.
In July, we asked the Third Circuit panel assigned to the case to rule on the appeal “summarily,” without briefing or argument, again on the ground that the panel is already bound by the decision in Drake. We argued that Drake was wrongly decided but that a Third Circuit panel does not have authority to change that ruling. Instead, only the full complement of all Third Circuit judges, sitting together (known as “en banc”), or the U.S. Supreme Court, can overrule Drake. The attorneys for the State agreed, and we are currently awaiting a decision on our motion asking the Court to rule summarily.
Whatever happens, the case will inevitably work its way toward possible consideration in the U.S. Supreme Court.
Both the magazine ban case and the right to carry challenge were filed with the assistance of the National Rifle Association. ANJRPC thanks the NRA for its incredible support, which made both lawsuits possible. Association of New Jersey Rifle & Pistol Clubs also thanks to the law firm of Cooper & Kirk, and attorney Dan Schmutter, for their incredibly hard work in these cases.
CLICK HERE TO DONATE TO THE CASE!
Please forward this email to every gun owner you know, and if you don’t already receive alerts from ANJRPC, please subscribe to our free email alerts for the latest Second Amendment breaking news and action alerts.
About Association of New Jersey Rifle & Pistol Clubs (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.
I wonder how many rounds are in the magazines of those protecting the governor?
Author: Larry B. Comment: You guys ought to try keeping ‘yourselves’ informed by signing up for free Alerts from the Association of New Jersey Rifle & Pistol Clubs, Inc. (ANJRPC) @ http://www.anjrpc.org You do not have to be a member. ANJRPC welcomes freeloaders. I was up in Jersey a couple of months ago. I brought my K-31. My Uncle belongs to a gun club (Cherry Ridge) in the northern part of the state. VERY strict gun laws! (transporting etc.) He’s into BR shooting. Been there twice and those I met seemed pretty knowledgeable and friendly. Nice place. I didn’t join… Read more »
ANJRPC runs Cherry Ridge Range. People involvement to quash the BLANTANTLY ILLEGAL, because UNCONSTITUTIONAL, NJ, NY, Northeastern gun laws is all it would take to restore the Second Amendment. Political Punks like the governors of those states DEPEND on the NON-INVOLVEMENT of good people, they have been spectacularly successful because not enough of the [good] People give a rat’s ass. When the glass starts breaking on a national scale and the cattle cars start running, those people will regret what they let die.
These are not ‘my’ prognostications alone but rater insights into societal experiments since the cave days.
Its about time law abiding citizens are allowed to carry, funny how other states have given that privilege to me after training and background checking. The whole ” justifiable need ” loop hole is a joke. Allowing those that can pass the necessary checks to carry a concealed weapon will not increase gun violence since those intent on getting a hand gun illegally will always find a way to do so.
Joe B, Allowed? The several states do not have the authority to deny citizens carrying. What the states have is power coming out of the barrels of their own guns to back up their unconstitutional dictates.
We have to back Trump’s play to get pro-Constitution justices and fed court judges on the bench.
Please keep me informed.
You guys ought to try keeping ‘yourselves’ informed by signing up for free Alerts from the Association of New Jersey Rifle & Pistol Clubs, Inc. (ANJRPC) @ http://www.anjrpc.org You do not have to be a member. ANJRPC welcomes freeloaders.
There was some kind of a hearing on oct 27th regarding 10 rd limit on handguns with that moron gov Murphy
do you know what were the results of that meeting or are we still on hold till end of year?
Has there been any decision yet on magazine ban ?
How can the government restrict the intended use of a firearm purchased to run 15 round mags. Without compensation for seizure. Under the constitution the gov. Must pay / compensate for seized property. This would not only be for the magazines but also for all rifles and pistols that were bought legally intended / made for the purpose of using 15 or even higher capacity mags.unconstitutional
I agree with Ron NJ is a hell hole .Unfortunately I’m stuck here for a while longer. I have stopped wandering why most of the politicians I know of in NJ are corrupt scumbags. Our good Senator Menendez is a prime example .His expertise is in staying out of jail. I am a proud gun owner and would love to be able to protect myself and others if need be. Right now the chances of a concealed carry permit are zero or none. Right now the chances of my taxes going up are 100 percent . TAKE GAS NJ
The state’s argument for the NJ magazine ban is inherently flawed. If NJ law enforcement officers “need” high capacity handgun and rifle magazines to protect themselves and others, then shouldn’t that same principle apply to the law-abiding citizens of NJ? The citizens of NJ should demand that any government-mandated restrictions on firearms, magazines and ammunition be equally applied to both domestic law enforcement officers and citizens.
Apropos to this case: “…some animals are more equal than others”
AGAIN….Glad I got outa that ‘Hell Hole’ 30 yrs ago! Jersey ain’t gettin any better.
Good for you Ron. You forgot to add: “Ya Na, Na Na Na.”