“What does this mean for New Jersey? While the decision does not directly affect New Jersey’s magazine ban, we do think it has potential to influence the upcoming decision in ANJRPC’s own challenge to NJ’s very similar magazine ban. We are currently awaiting a decision from the United States Court of Appeals for the Third Circuit in that case.”
Today the United States Court of Appeals for the Ninth Circuit released a major decision in the case Duncan v. Becerra holding that California’s ban on magazines with a capacity of more than 10 rounds is unconstitutional under the Second Amendment. Click here for a copy of the decision.
Recounting the history of firearms in America, the court found these magazines are commonly possessed by millions of law abiding Americans for lawful purposes. The court explained that California’s ban strikes at the core of the Second Amendment right, hindering the fundamental right to possess a firearm for lawful self-defense. Because of this, the court ruled that the magazine ban must be evaluated using the most severe constitutional test known as “strict scrutiny” and that the ban failed that test and must be stricken as unconstitutional.
By ANJRPC Attorney Dan Schmutter
