Explore The NRA Universe Of Websites

APPEARS IN News

Federal Court Upholds N.J. Mag Ban, Reminds Gun Owners Importance of Federal Judiciary

Friday, October 5, 2018

Federal Court Upholds N.J. Mag Ban, Reminds Gun Owners Importance of Federal Judiciary

Just in case gun owners needed another reason to back Judge Brett Kavanaugh’s nomination to the U.S. Supreme Court or to get energized ahead of the 2018 midterm elections, the U.S. District Court for the District of New Jersey gave us one. On September 28, District Judge Peter G. Sheridan denied a motion for a preliminary injunction that would have enjoined enforcement of New Jersey’s 10-round magazine capacity limit.

Back on June 13, New Jersey’s anti-gun Governor Phil Murphy signed A2761 into law. The legislation altered the state definition of “large capacity ammunition magazine”from magazines that can accept more than 15 rounds down to those that can accept more than 10. Owners of the newly prohibited magazines are required to forfeit possession of their property within 180 days, or to permanently modify their magazines to accept no more than 10 rounds.

Shortly after A2761 was signed, NRA-ILA announced that it was joining with the Association of New Jersey Rifle & Pistol Clubs to challenge the new law. At the time, NRA-ILA Executive Director Chris Cox noted, “Magazine bans do not deter criminals or improve public safety. Instead, they irrationally burden the rights of law-abiding gun owners.”This is in line with a Department of Justice-funded study of the 1994 federal semiautomatic ban, which also restricted magazines with a capacity greater than 10 rounds. The study noted that “[s]hould it be renewed, the ban’s effects on gun violence are likely to be small at best and perhaps too small for reliable measurement.”

In his decision, Sheridan conceded that magazines with a capacity greater than 10 rounds are in “common use”and thus entitled to Second Amendment protection. However, Sheridan then proceeded, as other courts have done, to apply an infinitely malleable interest-balancing test standard to determine whether New Jersey’s infringement on the Second Amendment right is permissible.

In this vein, Sheridan concluded that the Garden State’s magazine ban should be subject to intermediate scrutiny, meaning that the policy must further an important government interest by a method substantially related to the interest. The court, acting as policy analyst, rejected testimony refuting the efficacy of magazine bans and adopted the state’s purported concerns over the criminal use of these items.

The Association of New Jersey Rifle & Pistol Clubs has made clear that they intend to appeal the decision.

Ironically, Sheridan may have done some of a future Supreme Court’s analysis on magazine bans for them. In his decision, the judge stated, “[m]uch of the legal history and tradition of [large capacity magazine] restrictions in the United States is relatively recent and evolving.”In his District of Columbia v. Heller opinion, Justice Antonin Scalia did not set forth an interest-balancing test for Second Amendment cases. Instead, Scalia noted that only some “longstanding”firearms restrictions were acceptable.

As a judge on the U.S. Court of Appeals for the D.C. Circuit, Judge Kavanaugh faithfully interpreted the Heller decision in his dissent in Heller v. District of Columbia, or Heller II. Judge Kavanaugh explained that a court must “assess gun bans and regulations based on text, history, and tradition, not by a balancing test such as strict or intermediate scrutiny.”Sheridan’s own writing appears to acknowledge magazine bans are of relatively recent vintage, undercutting their legitimacy under the proper Heller standard.

The U.S. District Court for the District of New Jersey’s decision to uphold the state’s new magazine ban underscores the important role the federal judiciary plays in protecting Americans’constitutional rights. Moreover, this stark example of the need for principled jurists on the federal bench comes at a time when Americans can make a direct impact on the courts’future. Gun rights supporters eager for a federal judiciary that respects their rights must make their support for Judge Brett Kavanaugh’s Supreme Court nomination known to their Senators and vote on November 6 to ensure that President Donald Trump has a Senate that will confirm all of his pro-Second Amendment judicial nominees.

IN THIS ARTICLE
New Jersey magazine ban
TRENDING NOW
Virginia: Gun Bill Updates As Crossover Deadline Arrives

Tuesday, February 17, 2026

Virginia: Gun Bill Updates As Crossover Deadline Arrives

Today, February 17th is the legislative crossover deadline in Virginia, and any bills that have not left their chamber of origin by the end of the day are considered dead for the session.

VA Announces End To Policy that Strips the Second Amendment Rights of Veterans

News  

Tuesday, February 17, 2026

VA Announces End To Policy that Strips the Second Amendment Rights of Veterans

Today, the Department of Veterans Affairs (VA) announced that the VA will no longer report veterans to the FBI’s National Instant Criminal Background Check System (NICS) solely because they have been assigned a fiduciary to assist them ...

New Mexico Legislature Adjourns!

Thursday, February 19, 2026

New Mexico Legislature Adjourns!

Today at noon, the New Mexico legislature adjourned sine die from the 2026 legislative session. Despite efforts by anti-gun advocates, Second Amendment supporters were able to engage and help prevent two radical anti-gun proposals from ...

Oregon: Legal and Policy Concerns Ignored as Ballot Measure 114 Implementation Bill Advances

Tuesday, February 17, 2026

Oregon: Legal and Policy Concerns Ignored as Ballot Measure 114 Implementation Bill Advances

Yesterday, the House Judiciary Committee held a work session to “fix” the extremely flawed gun control Ballot Measure 114, where it was advanced out of the committee. 

Virginia Gun Owners Face Magazine Confiscation!

Monday, February 2, 2026

Virginia Gun Owners Face Magazine Confiscation!

Astute Virginia gun owners anticipated terrible gun control legislation from the 2026 General Assembly. Still, some may be shocked to learn that anti-rights zealots in the Virginia Senate have advanced a bill to CONFISCATE standard capacity firearm ...

New Mexico: Anti-Gun Bills Heard in Committee

Tuesday, February 17, 2026

New Mexico: Anti-Gun Bills Heard in Committee

Today, Senate Bill 17, the omnibus gun control bill, was heard in the House Judiciary Committee and Senate Bill 261, expanding gun free zones around ballot drop boxes and polling places, was heard in the House Government ...

North Carolina: Permitless Carry Veto Override Vote Postponed

Tuesday, January 13, 2026

North Carolina: Permitless Carry Veto Override Vote Postponed

Today, the North Carolina House of Representatives rescheduled this morning’s veto override on Senate Bill 50, Freedom to Carry NC, to February 9, 2026.

News  

Thursday, January 24, 2013

Mental Health and Firearms

Since 1966, the National Rifle Association has urged the federal government to address the problem of mental illness and violence. As we noted then, “the time is at hand to seek means by which society ...

Minnesota: Hearing on Semi-Auto and Magazine Bans Next Week

Friday, February 20, 2026

Minnesota: Hearing on Semi-Auto and Magazine Bans Next Week

On Tuesday, February 24th, the House Public Safety Finance and Policy committee will hold a hearing on two all-encompassing ban bills, House File 3433 and House File 3402

“Violence Interrupters” Demonstrate Wishful Thinking is Not Crime Control

News  

Tuesday, February 17, 2026

“Violence Interrupters” Demonstrate Wishful Thinking is Not Crime Control

Not too long ago, Illinois Governor JB Pritzker dismissed President Donald Trump’s assessment of over-the-top violent crime in Chicago as being rooted in “lies,” saying that “civilian law enforcement is how you fight crime,” and “[w]e’ve got ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.