Lawyers Take Expedited Appeal As Lower Court Refuses Injunction In NJ Gun Mag Ban

Standard Capacity Magazines Ban
Lawyers Take Expedited Appeal As Lower Court Refuses Injunction In NJ Gun Mag Ban

New Jersey – -(AmmoLand.com)- September 28, 2018. A U.S. District Judge today refused to issue a preliminary injunction, or an injunction pending appeal, halting enforcement of New Jersey’s magazine ban enacted in June. See a copy of that legal decision here.

However, the district court’s decision is not the last word on the matter. Association of New Jersey Rifle and Pistol Clubs counsel were ready for the contingency and have already filed a notice of appeal, and they anticipate filing the papers Monday seeking an expedited decision halting the law during the appeal.

Despite finding that the banned magazines are “in common use,” the district court in its decision disregarded the Supreme Court’s clear command in Heller that such arms may not be banned.

The court decided that the magazine ban does not “substantially affect [individuals’] ability to defend themselves” even though the Second Amendment does not permit a State to pick and choose which arms it deems sufficient for self-defense. The court then denied Plaintiffs’ Equal Protection claim, applying an improperly low Constitutional standard, and denied Plaintiff Takings claim, finding that requiring a person to spend substantial money on modification does not require compensation.


U.S. District Judge Refuses to Enjoin Magazine Ban,
ANJRPC Ready, Invoking Expedited Procedure Seeking to Halt
The New Law While Appeal is Pending,
Expedited Decision on Injunction Pending Appeal
Anticipated Around Late October,
Consider Holding Onto Your Magazines Until Then –
ANJRPC to Issue Detailed Guidance at That Time.

An expedited decision on the request for an injunction pending appeal is anticipated in late October or early November. ANJRPC intends to issue detailed legal and practical guidance for gun owners by that time. We ask that gun owners continue to be patient while we pursue every available procedure to halt enforcement of the new law. Gun owners who choose to hold onto their magazines until then should be prepared to take immediate action with their magazines prior to the December 10 compliance deadline, if necessary.

As we enter this critical time-sensitive phase of the magazine ban lawsuit, Association of New Jersey Rifle and Pistol Clubs wishes to thank the law firm of Cooper & Kirk, and attorney Dan Schmutter, for their extraordinary efforts anticipating every possible contingency and being prepared in advance to take immediate action to protect gun owners. Association of New Jersey Rifle and Pistol Clubs also wishes to thank NRA-ILA for its ongoing extraordinary support of this case.

CLICK HERE TO DONATE TO THE CASE!

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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

  • 9 thoughts on “Lawyers Take Expedited Appeal As Lower Court Refuses Injunction In NJ Gun Mag Ban

    1. Possibly this lower level federal judge needs to be impeached, which come to think about strikes me as the best of several possibilities.

      1. If all the activist judges were thrown out of office the backlog of cases would be enormous. They have been doing this unabated for decades while we were asleep at the wheel. I don’t know of anyone, conservative or liberal, could have a nonbiased viewpoint after years on the bench. It always nauseates me how we have to bow and scrape for them in courtrooms like they are better than the people they judge. Who can maintain a clear head after being treated that way. I always vote them all out whenever given the opportunity.

      2. @Alan, a judge can only be impeached for some misbehavior while in office. Poor rulings would not constitute said misbehavior. Perhaps one could put a tail on him and get some goods on him. J. Edgar Hoover used to do that to good effect.

    2. @Ron my parents moved out of N.J. 54yrs ago and never looked back, since then I have moved from PA. as that state is getting like N.J. it is like a disease that is spreading and can’t be stopped!!!!!! I’m hoping that my time left I won’t be bothered by that in Mo.

    3. As usual, a ‘judge’ doesn’t comply with the constitution, makes up his own mind and refuses to listen to the citizens he is supposed to be serving. Will the LEOs of NJ be handing in their ‘hi capacity’ mags or is this law just for the subjects?

    4. Moved from Peoples Communist Republic of California to Beautiful Tennessee. My wife used regular capacity magazines in her Glock for the first time. Her gun functioned flawlessly. Put some CA 10 rounders in and malfunctions galore. She used to hate her gun because of all the malfunctions but loves it now that it works correctly. I’ll keep the commie mags for malfunctions training. Vote pro2a in every election.

    5. So I’ve had to spend an absurd amount of $$ to buy 10 rounders for all my used-to-be legal pistols. I guess the state will reimburse me?(sarc).

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