On September 28, 2018, the US District Court for the District of New Jersey issued a ruling in Association of New Jersey Rifle & Pistol Clubs, Inc., et al., v. Gurbir Grewal, et al. In this case, the Plaintiffs filed a Motion for a Preliminary Injunction to enjoin the enforcement of New Jersey’s Large Capacity Magazine (LCM) statute.
This new law prohibits the possession of a firearm magazine that holds more than ten rounds of ammunition. Under N.J.S.A. 2C:39-3(j), it is an indictable crime of the 4th degree to posses a large capacity magazine. The law has exceptions in certain circumstances for active duty law enforcement, retired law enforcement, and military members. In addition, the law requires gun owners to transfer, turn over, or modify any firearms or magazines they own which can hold more than 10 rounds.
The Plaintiffs argued that the ban is unconstitutional under the Second Amendment and is also an unconstitutional taking under the Fifth and Fourteenth Amendments.
However, the US District Court ruled that large capacity magazines are not protected by the Second Amendment. The Court also ruled that the Plaintiffs failed to demonstrate that the law violates the Fifth and Fourteenth Amendments. The Court noted that the law allows gun owners to keep their firearms or magazines by modifying them.
The Association of New Jersey Rifle & Pistol Clubs has appealed the case to the Third Circuit Court of Appeals.
Do you have questions about your Second Amendment rights in New Jersey?
Call Jason T. Komninos, Esq. at (201) 343-4622 to schedule a consultation.