Gun-Rights Group Files Motion to Block NJ Ammunition Confiscation Scheme as Lawsuit Proceeds

'New Jersey’s unconstitutional and ill-advised magazine ban should not be enforced while being challenged in a court of law'

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June 22, 2018

The local gun-rights group challenging New Jersey's effort to ban and confiscate ammunition magazines capable of holding more than 10 rounds filed a motion on Thursday to block enforcement of the law while their challenge proceeds.

The Association of New Jersey Rifle & Pistol Clubs asked the U.S. District Court of New Jersey to keep the state from enforcing the ban while it considers the group's case. The law in dispute requires anyone in New Jersey who has a magazine holding more than 10 rounds to either permanently modify it, transfer it out of state, or turn it into the police within 180 days of last Wednesday. If the court takes more than 180 days to litigate the case against the law, those with magazines may have to comply with the law even if the law is later found to be unconstitutional.

The group said the law violates the Second Amendment and has the potential to turn many law-abiding gun owners into criminals.

"This unconstitutional law will be ignored by criminals and madmen, and affects only law-abiding citizens," Scott Bach, the group's executive director, said in a statement when the group filed their suit. "It turns one million people into criminals with the stroke of a pen, limits self-defense, and takes away property lawfully acquired. Buy it yesterday, ban it today, go to prison tomorrow—it's the Jersey way, and the goal of our lawsuit is to boot this law, which makes no one safer, into the trash heap of history where it belongs."

The National Rifle Association, which is supporting the lawsuit, said the law must not be enforced while the courts are still trying to determine whether or not it should be thrown out.

"New Jersey's unconstitutional and ill-advised magazine ban should not be enforced while being challenged in a court of law," Chris Cox, executive director of the group's Institute for Legislative Action, said. "The government should not force law-abiding citizens to permanently alter or dispose of lawfully acquired property before their day in court. The NRA stands shoulder to shoulder with the [Association of New Jersey Rifle & Pistol Clubs] in this fight."

Published under: Guns