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Now, the user could fire just one shot by pressing the trigger, and then fire more shots by pressing the trigger repeatedly. Seventeenth century: By the 1640s, major improvements in repeating arms had been developed. Once the user pressed the trigger, these guns would continue to fire until the ammunition was exhausted. The first known repeating firearms date back to between 14, with guns that fired 10 consecutive rounds. Some of the material in the brief is covered in more detail in my article The History of Firearms Magazines and of Magazine Prohibition, 78 Albany Law Review 849 (2015).Įarliest repeating arms: A repeater is a firearm that can fire more than one shot without having to be reloaded. The lead attorney on the brief was Joseph Greenlee, joined by me and by Prof. Organization amici are the Firearms Policy Coalition, Firearms Policy Foundation, Madison Society Foundation, California Gun Rights Foundation, and Independence Institute (where I work). Nicholas Johnson (Fordham), Joyce Malcolm (George Mason), Joseph Olson (Mitchell Hamline), Glenn Reynolds (Tennessee), and Gregory Wallace (Campbell). Plaintiffs disagreed, and the case has now returned to the Third Circuit for briefing.Īmici: The amici on the brief include seven professors who are experts in Second Amendment law: Royce Barondes (Missouri), Robert Cottrol (George Washington), Intermediate scrutiny requires more concrete and specific proof before the government may restrict any constitutional right, period." 910 F.3d at 133–34.Īfter remand to the district court, the District Judge ruled that there was nothing more to do, since the Third Circuit majority had disposed of all issues. It cannot fairly be called intermediate scrutiny at all. prof., appointed 2017 by Trump) dissented, writing "the majority's version of intermediate scrutiny is too lax. Judge Shwartz's seat was previously held by President's Trump's sister Marion Trump Barry Judge Greenaway replaced Samuel Alito.) Judge Stephanos Bibas (former U. Circuit Judge Patty Shwartz wrote the opinion, joined by Judge Joseph A. On expedited appeal, a 2-1 panel of the Third Circuit upheld the denial of the preliminary injunction in December 2018. Sheridan denied the preliminary injunction in September 2018.
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District Court filings are available here.
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The day the governor signed the legislation, the Association of New Jersey Rifle and Pistol Clubs sued the New Jersey Attorney General, asking for a preliminary injunction.
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The details of the statute are explained here by NJ firearms attorneys Scott Bach and Evan Nappen. The history is explained in a Third Circuit amicus brief I coauthored last week.Ĭase background: In 2018, the New Jersey legislature prohibited the possession of magazines holding more than 10 rounds. Such arms had been invented two centuries before the Second Amendment, and by 1791, repeating arms, including those capable of firing more than 10 rounds, were well-known in the United States. Did the Framers of the Second Amendment consider the possibility that Americans might own firearms with a capacity greater than 10 rounds? Certainly yes.