New Jersey – -(AmmoLand.com)- December 5, 2018. In a 2-1 decision, a panel of the U.S. Court of Appeals for the Third Circuit refused to stop the enforcement of New Jersey’s 10-round magazine ban.
The majority, in an opinion by Judge Shwartz and joined by Judge Greenaway, both appointed by President Obama, held that the ban did not violate the Second Amendment because it reasonably advanced the State’s interest in reducing mass shootings without severely burdening the rights of law-abiding citizens.
Read the Third Circuit decision here.
Third Circuit Opinion on New Jersey Democrats Gun Mag Ban
Judge Bibas, appointed by President Trump, authored a forceful dissent, pointing out that the majority refused to apply standard constitutional principles to the case and instead treated the Second Amendment differently than any other constitutional right.
Judge Bibas observed: “The Second Amendment is an equal part of the Bill of Rights. We must treat the right to keep and bear arms like other enumerated rights, as the Supreme Court insisted in [District of Columbia v. Heller, 554 U.S. 570 (2008)].”
He rejected what he termed the majority’s “watered down“ approach to the Second Amendment.
Association of New Jersey Rifle & Pistol Clubs intends to appeal the decision.
In the meanwhile, the last day for gun owners to comply with the mag ban law is December 10, 2018. Failure to comply by the deadline is a 4th degree crime that could result in fines and imprisonment for each non-compliant magazine, in addition to loss of gun rights nationwide.
Last week, Association of New Jersey Rifle & Pistol Clubs issued detailed guidance to gun owners about compliance with the mag ban law, including non-obvious, lawful ways for law-abiding gun owners to keep owning magazines between 11-15 rounds without modifying or destroying them. Click here for ANJRPC’s guide to compliance with the ban.
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About the Association of New Jersey Rifle & Pistol Clubs:
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 Se ond Amendment advocacy organization.