Yesterday, the U.S. Court of Appeals for the Third Circuit denied a motion made by the State of New Jersey to dismiss and end ANJRPC’s case challenging NJ’s ban on magazines holding over 10 rounds of ammunition. The decision means that New Jersey’s rush to end the case has been defeated and that the case will proceed.
New Jersey officials prematurely declared victory in press releases very early in the case, when the lowest federal court declined to hear it. On appeal to the Third Circuit (middle-level federal appeals court), NJ urged the court to dismiss that appeal as well, but the court has now refused. That means that the appeal will proceed, and New Jersey will be forced to defend its unconstitutional law on appeal.
