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NJ Federal Appeals Court Upholds Limits on Firearms Magazine Size

 In 2nd Amendment

On Wednesday, a NJ Federal Appeals court upheld the state restrictions on the size of gun magazines to 10 rounds. The court ruled that the law did not affect the Second Amendment because people could still purchase more than one 10 round magazine.

The Hill reported,

A federal appeals court on Wednesday ruled that a New Jersey law banning the sale of high-capacity magazines in the state does not violate the Constitution, handing a victory to gun control advocates and the state’s attorney general.

The three-judge panel said in their ruling that the law limiting the size of a magazine to 10 rounds did not violate the constitutionally protected right of New Jersey residents to self defense and did not present an undue burden for gun owners who currently own magazines that would become illegal under the new law, citing their ability to obtain new magazines or register guns that cannot be modified to hold 10 shots or less.

The philosophy behind limiting the size of gun magazines is that “people have time to get away” when a shooter reloads. Five other circuit courts have upheld the magazine limits, according to the Washington Times. There are currently 8 states plus the District of Columbia that have restrictions on magazines.

“The record demonstrates that when there are pauses in shooting to reload or for other reasons, opportunities arise for victims to flee, as evidenced by the 2017 Las Vegas and 2013 D.C. Navy Yard shootings … or for bystanders to intervene, as in the 2018 Tennessee Waffle House shooting and 2011 Arizona shooting involving Representative Gabrielle Giffords.” NJ Federal court ruling

The only dissenting opinion was a Trump appointee.

“We must treat the right to keep and bear arms like other enumerated rights. We may not water it down and balance it away based on our own sense of wise policy.” Judge Stephanos Bibas

 

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