Updates in New Jersey Magazine Ban and Hawaii Stun Gun Ban Cases in Today’s FPC Daily 2A Legal Update
8/11/21
In today’s FPC legal update, we have updates from cases challenging New Jersey’s magazine ban and Hawaii’s stun gun ban.
Issue: Magazine ban
Court: Supreme Court
Action: Brief in opposition
The New Jersey Attorney General (AG) filed his opposition brief in a lawsuit challenging the state’s ban on magazines that can hold more than 10 round of ammunition. In the brief, the New Jersey AG argues that the law’s impact on gun owners is minimal because it “does not interfere with individuals’ ability to own and possess as many firearms and magazines as they choose.” The AG also says that the law “gave owners of the affected subset of magazines 180 days to comply with the new limit” and “provided multiple avenues for them to come into compliance.” Additionally, he notes that the law “exempts active-duty members of the armed forces or National Guard and specified law enforcement officers and government employees.”The reasons for the court to deny the petition, the brief argues, include the fact that similar petitions were previously denied and that “there is no circuit split to reconcile.”
The petitioners challenging the ban will have an opportunity to file a reply in this case before it goes to the Supreme Court’s conference on September 27th.
Roberts v. Cummings
Issue: Hawaii stun gun ban
Court: Ninth Circuit
Action: Order
In this lawsuit challenging Hawaii’s stun gun ban, the Ninth Circuit denied a motion to lift the stay imposed by the district court, set a briefing schedule, and asked the parties to address how the recent repeal of the ban affects this case. The opening brief (from the side challenging the ban), is due on September 14th.