James A. Byrne federal courthouse in Philadelphia. (Photo: Paul D'Annunzio/ALM)
The U.S. Court of Appeals for the Third Circuit has rejected a challenge to New Jersey's ban on firearm magazines holding more than 10 rounds.
The appeals court, by a 2-1 margin, said the law limiting high-capacity magazines does not violate the Second Amendment, the Fifth Amendment's Takings Clause or the Fourteenth Amendment's Equal Protection Clause. The court affirmed an order from the U.S. District Court that denied challengers' motion to preliminarily enjoin enforcement of the law.
The ruling is a major setback for the Association of New Jersey Rifle & Pistol Clubs, an NRA-affiliated group that challenged New Jersey's ban, which was adopted in June. California, Connecticut, Hawaii, Maryland, Massachusetts and New York as well as some cities and counties have adopted laws limiting possession and sale of magazines to 10 rounds, and five other circuit courts have upheld similar laws.
New Jersey's law was enacted in response to the rise in active and mass shooting incidents in the United States. The appeals court found the ban "reasonably fits the State's interest in public safety and does not unconstitutionally burden the Second Amendment's right to self-defense in the home."
Judges Joseph Greenaway Jr. and Patty Shwartz ruled to affirm the lower court. Judge Stephanos Bibas, in a 19-page dissenting opinion, called for the granting an injunction against enforcement while the state makes its argument that its ban can prevent harm from mass shootings.
Read the ruling:
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