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.
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!
Please forward this email to every gun owner you know, and if you don’t already receive alerts from Association of New Jersey Rifle and Pistol Clubs, 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: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