By: Randy DeSoto – westernjournal.com – December 10, 2018
As of midnight Tuesday, anyone owning a magazine capable of holding more than 10 rounds in New Jersey will be deemed in violation of the law.
The legislation, A2761, signed into law by Democratic Gov. Phil Murphy in June, alters the state’s definition of a “large capacity ammunition magazine,” taking the maximum capacity from 15 to 10 rounds.
Owners of the newly prohibited magazines are required to forfeit possession of them or modify them to accept no more than 10 rounds by Tuesday, December 11.
Daniel Horowitz with Conservative Review highlighted, “Unlike previous magazine bans, this one retroactively bans people from even owning such magazines in their homes, even though they had been purchased legally.”
A violation of the ban is a felony of the fourth degree, which carries with it jail time of between 0 and 18 months, and a fine of up to $10,000.
The ban was upheld last week by the 3rd U.S. Circuit Court of Appeals, in a 2-to-1 ruling.
Judge Patty Shwartz, who was appointed by former President Barack Obama, wrote in the majority opinion that the law “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.”
Further, she determined A2761 does not violate the 5th Amendment’s “Takings Clause” because it gives owners the option to modify their magazines.
Judge Stephanos Bibas, appointed by President Donald Trump, contended in his dissent that the A2761 should have received “strict scrutiny” because it concerns a fundamental right enumerated in the Bill of Rights.
“The Second Amendment’s core is the right to keep weapons for defending oneself and one’s family in one’s home,” he wrote. “The majority agrees with that this is the core. So, whenever a law impairs that core right, we should apply strict scrutiny, period.”
Bibas argued the majority applied a rational review test, which is forbidden according to the 2008 Supreme Court’s District of Columbia v. Heller decision, which was authored by the late Justice Antonin Scalia.
Gurbir Grewal, New Jersey’s attorney general, tweeted on Thursday that the 3rd Circuit’s decision is a “big win for public safety and law enforcement safety” and upheld “a sensible law to address mass shootings.”
AG Gurbir Grewal
This just in: for months, individuals have been challenging NJ’s limits on large capacity magazines—a sensible law to address mass shootings. Today, the court of appeals upheld the law. Big win for public safety and law enforcement safety!
1:31 PM – Dec 5, 2018
Scott Bach, executive director of The Association of New Jersey Rifle and Pistol Clubs, is promising to appeal the ruling to the U.S. Supreme Court.
“This decision is plainly wrong and upholds New Jersey’s unconstitutional law turning one million honest citizens into felons for keeping property obtained legally that could be used for defending their lives,” Bach told The Hill. “The decision will be further appealed.”
According to NJ.com, eight other states have high capacity magazine bans similar to New Jersey, including California, Colorado, Connecticut, Hawaii, Maryland, Massachusetts, New York and Vermont.
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