FPC Daily 2A Legal Update – 8/25/21

Issue: Magazine ban

Court: Supreme Court

Action: Cert petition reply

The parties challenging New Jersey’s ban on magazines that can hold more than 10 rounds filed a reply brief with the Supreme Court in support of their cert petition. The brief argues that the court should take the case “and make clear that states may neither ban nor confiscate property that the Constitution entitles the people to keep.” The brief also points out the discrepancy between the state’s various arguments, saying it “protests that magazines capable of holding more than ten rounds are not ‘necessary or appropriate for self-defense’ because it is rarely necessary to fire more than ten rounds to ward off an attack” despite “the fact that the standard-issue weapon for the state’s own law-enforcement officers is the Glock 19 pistol with a 15-round magazine.” This lawsuit has been distributed for the court’s conference on September 27, where it will decide what to do with the case.

Christopher v. Ramsey County

Issue: Preemption

Court: Minnesota State Court

Action: Order denying motions for temporary injunction

A motion for a temporary injunction was denied today in a preemption lawsuit challenging the Minnesota State Fair’s carry ban. In denying the motion, the judge said that the plaintiffs waited longer than necessary to bring the lawsuit and that it is unlikely to succeed. The case will now continue while the ban remains in effect.