Ruling:
https://www2.ca3.uscourts.gov/opinarch/183170p.pdf
Complaint rom June:Today we address whether one of New Jersey’s
responses to the rise in active and mass shooting incidents in
the United States—a law that limits the amount of ammunition
that may be held in a single firearm magazine to no more than
ten rounds—violates the Second Amendment, the Fifth
Amendment’s Takings Clause, and the Fourteenth
Amendment’s Equal Protection Clause. We conclude that it
does not. New Jersey’s 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. The
law also does not violate the Fifth Amendment’s Takings
Clause because it does not require gun owners to surrender
their magazines but instead allows them to retain modified
magazines or register firearms that have magazines that cannot
be modified. Finally, because retired law enforcement officers
have training and experience that makes them different from
ordinary citizens, the law’s exemption that permits them to
possess magazines that can hold more than ten rounds does not
violate the Fourteenth Amendment’s Equal Protection Clause.
6 We will therefore affirm the District Court’s order denying
Plaintiffs’ motion to preliminarily enjoin enforcement of the
law.
Active shooting and mass shooting incidents have
dramatically increased during recent years. Statistics from
2006 to 2015 reveal a 160% increase in mass shootings over
the prior decade. App. 1042. Department of Justice and
Federal Bureau of Investigation (“FBI”) studies of active
shooter incidents (where an individual is actively engaged in
killing or attempting to kill people with a firearm in a confined,
populated area) reveal an increase from an average of 6.4
incidents in 2000 to 16.4 incidents in 2013. App. 950, 953.
These numbers have continued to climb, and in 2017, there
were thirty incidents. App. 1149, 1133. In addition to
becoming more frequent, these shootings have also become
more lethal. App. 906-07 (citing 2018 article noting “it’s the
first time [in American history] we have ever experienced four
gun massacres resulting in double-digit fatalities within a 12-
month period”).
In response to this trend, a number of states have acted.
In June 2018, New Jersey became the ninth state to pass a
new law restricting magazine capacity.1 New Jersey has
made it illegal to possess a magazine capable of holding more
than ten rounds of ammunition (“LCM”).2 N.J. Stat. Ann.
2C:39-1(y), 2C:39-3(j) (“the Act”).
https://www.courthousenews.com/wp-conte ... plaint.pdf