CRPA, Gun Owners of California, and the Second Amendment Law Center Join Forces to File Amicus Brief Urging the Supreme Court to Review New Jersey’s Unconstitutional Magazine Capacity Restrictions

June 4, 2021

The CRPA is proud to announce it has filed another critical amicus brief in the United States Supreme Court, this time, supporting a petition for certiorari brought by the Association of New Jersey Rifle & Pistol Clubs (“ANJRPC”), a gun rights organization seeking to overturn New Jersey’s ban on so-called “large capacity magazines.”

Joined by Gun Owners of California and the new Second Amendment Law Center, the CRPA argues that unconstitutional bans on otherwise protected conduct, like New Jersey’s ban on magazines over ten rounds, are only upheld because mistreatment of the Second Amendment has become the norm in the lower courts, which routinely engage in improper Second Amendment analyses. The goal of CRPA’s brief is to convince the Court to grant review of ANJRPC’s case, as a ruling on it would almost certainly affect magazine-capacity restrictions nationwide.  CRPA’s input is particularly valuable here, given its work on Duncan v. Becerra, a federal lawsuit challenging California’s own magazine ban. Indeed, CRPA’s amicus brief provides a detailed comparison of the New Jersey case and the Ninth Circuit’s recent pro-gun ruling in Duncan, giving the Court a clear snapshot of the diverging paths that the circuits have taken.

For over a decade, the Supreme Court has been mostly silent on the Second Amendment, despite a flood of petitions asking it to review gun control laws from across the country.  With the recent grant of review in a case concerning the right to carry, the High Court is finally poised to speak. But as CRPA’s amicus brief argues, it is not enough for the Court to decide just one Second Amendment issue after 11 years of silence. Given the mischief that has run rampant in the lower courts when handling Second Amendment cases, there are countless gun-rights questions that demand the Court’s attention. And, as CRPA’s brief points out, this includes the question of whether the government may flatly ban firearms or accessories in common use for lawful purposes, like magazines capable of holding over ten rounds of ammunition.  

CRPA hopes the Court will grant review of ANJRPC’s case so that the long overdue house-cleaning of poor Second Amendment decisions reached by lower courts across the country can truly begin. Right now, on the heels of our magnificent court victory against the Newsom magazine ban, CRPA is ready to challenge all the unconstitutional laws that have been passed by pandering California politicians who are working to suffocate our freedom-loving “gun culture.”

To help bring more cases like this to the Supreme Court and Build the War Chest–Click Here.

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