The legal fight surrounding gun rights has continued to heat up. The most recent focal point of contention is on New Jersey’s continued disregard for the RKBA. The state has witnessed significant movement in cases related to magazine capacities and so-called “assault weapons.” This report delves into the intricacies of these cases, their implications, and the perspectives of various stakeholders.
Last year, the Supreme Court’s landmark opinion in NYSRPA v. Bruen set the stage for a series of legal battles. Although one would expect several issues to be resolved by now, many remain in limbo, especially given the Supreme Court’s clear directives in Bruen. One such case pertains to New Jersey’s magazine capacity limitations. Following Governor Phil Murphy’s enactment of a ten-round maximum capacity bill, the Association of New Jersey Rifle and Pistol Clubs (ANJRPC) initiated a lawsuit against the state.
However, this case, along with others like the Cheeseman and Ellman cases, which address “assault weapons,” has been mired in the Federal District Court of New Jersey.
Additionally, the high court’s involvement in ANJRPC v. Platkin and the California case Duncan v. Bonta suggests the top court’s interest in broader scrutiny of laws that restrict semi-automatic firearms and magazine capacities. While the groundwork for these cases is essential, many argue that resolutions could have been more swiftly achieved.
Many New Jersey gun owners have been awaiting outcomes with bated breath and received some updates from ANJRPC.
On October 10, 2023, the association filed motions in the combined magazine and assault firearm ban cases. These motions, if approved, could potentially conclude the cases in favor of gun owners. This development comes after the U.S. Supreme Court rejuvenated ANJRPC’s magazine ban lawsuit in 2022, directing the lower federal court to reconsider it in light of the Bruen decision.
However, the state’s stance on these cases remains uncertain. While the court has denied the state’s request to strike certain deposition materials, how the state will respond to ANJRPC’s motions remains to be seen. Given the high court’s directives and the standards the state must meet, there’s speculation that the association’s requests might be approved. This is because the laws infringe upon the Second Amendment rights that were foundational in 1791.
In a parallel development, the Firearms Policy Coalition (FPC) announced its motion for summary judgment in the Cheeseman v. Platkin lawsuit, which challenges New Jersey’s ban on “assault weapons.” The FPC argues that the ban is both unconstitutional and morally wrong. They emphasize that the prohibition targets arms commonly used for self-defense, the same arms that New Jersey politicians use for their protection. This disparity, they argue, showcases the politicians’ disregard for the people’s rights.
So, what’s next? The ANJRPC anticipates the state’s response by November 3, 2023.
Following this, two more rounds of briefing are expected, concluding on December 22. Oral arguments might take place in early 2024, after which a decision will be rendered. However, regardless of the outcome, an appeal to the Third Circuit Court of Appeals is anticipated.
The ongoing legal battles in New Jersey highlight the inevitable shift in the tide regarding gun rights. Despite the state’s efforts to delay, it seems increasingly clear that New Jersey is on the losing side of history. The broader historical and constitutional contexts suggest that the state can only postpone the inevitable outcome for so long.
