Association of New Jersey Rifle & Pistol Clubs, Inc. v. Attorney General New Jersey, No. 19-3142 (3d Cir. 2020)
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In 2018, New Jersey made it illegal to possess a magazine capable of holding more than 10 rounds of ammunition. N.J. Stat. 2C:39-1(y), 2C:39-3(j). Prior to that, it had been illegal in New Jersey to possess magazines capable of holding more than 15 rounds of ammunition. Owners of large-capacity magazines (LCMs) could modify their LCMs, render firearms with LCMs or the LCM itself inoperable, register firearms with LCMs that could not be modified; transfer the firearm or LCM to an individual or entity entitled to own or possess it; or surrender the firearm or LCM to law enforcement.
The Third Circuit previously affirmed an order denying a preliminary injunction and directly addressed the merits of the constitutionality of the Act. The court held that the Act did not violate the Second, Fifth, or Fourteenth Amendments. On remand, the district court ruled on summary judgment that it was bound by that decision and upheld the constitutionality of the Act. The opponents of the law appealed again, arguing that the district court erred in treating the prior panel’s opinion as binding. The Third Circuit rejected that argument and affirmed.
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