Update — On December 5, 2018, the US Court of Appeals for the Third Circuit issued a favorable decision rejecting the plaintiffs’ challenge to New Jersey’s LCM regulation, siding with the position Giffords Law Center argued for in our amicus brief.
Case Information: Association of New Jersey Rifle & Pistol Clubs, Inc., et al. v. Grewal, et al., No. No. 18-3170 (3d Cir. amicus brief filed Oct. 31, 2018).
At Issue: In 2018, following a series of devastating mass shootings across the nation, New Jersey enacted AB 2761, which generally prohibits the possession of large-capacity magazines (LCMs) holding more than ten rounds of ammunition. AB 2761 strengthens existing law in New Jersey, which allowed possession of magazines holding up to 15 rounds. However, the same day it was signed into law, gun lobby groups brought a legal challenge to it, arguing that the new 10-round magazine capacity limit violates the Second Amendment. If the challengers’ extreme arguments were accepted, it would support the idea that any restrictions on the possession of military-style firearms and accessories are unconstitutional.
Giffords Law Center’s Brief: We filed an amicus brief in support of New Jersey’s law that explains the critical need to halt proliferation and use of military-grade LCMs by mass shooters and other criminals. Giffords Law Center’s amicus brief argues that the Second Amendment allows prohibiting magazines that are unnecessary for self-defense and the favored tool of mass killers. We argue that New Jersey’s law survives the applicable standard of constitutional review because it is likely to reduce bloodshed during gun massacres by forcing shooters to reload more often and will also deter criminals from obtaining LCMs.