Trenton, NJ – The State of New Jersey is asking the U.S. Court of Appeals for the Third Circuit to pause a recent decision striking down the state’s bans on certain semiautomatic rifles and magazines capable of holding more than 10 rounds while officials seek review by the U.S. Supreme Court.
That’s what’s happening on stage. Behind the scenes, New Jersey lawmakers are scrambling to find new ways to block, limit, or reduce the sale of semi-automatic rifles.
One measure being discussed in the halls of Trenton would require all New Jersey Firearm owners to have gun safety training, mimicking laws recently passed in Colorado and Washington.
Gatekeeping at the gun shop is the fallback priority of Mikie Sherrill and the Democrats if the Supreme Court knocks down national assault rifle bans and magazine capacity limits.
They are working hard right now on plan b, according to many gun rights activists in New Jersey.
The motion, filed July 31, comes just two weeks after the Third Circuit voted 10-5 to rule that New Jersey’s restrictions on certain semiautomatic firearms and large-capacity magazines violate the Second Amendment. The decision arose from litigation including Association of New Jersey Rifle & Pistol Clubs v. Attorney General New Jersey.
State says lifting the ban now would cause irreparable harm
In its request for a stay, New Jersey argues that allowing the ruling to take effect before the Supreme Court has an opportunity to review the case would create consequences that could not easily be undone.
According to the filing, thousands of large-capacity magazines and firearms prohibited under existing state law could immediately enter the marketplace if the court’s mandate takes effect.
The state argues those sales could not realistically be reversed even if the Supreme Court ultimately overturns the Third Circuit’s decision and upholds New Jersey’s firearm restrictions.
Attorney General Jennifer Davenport has called the appellate ruling both legally incorrect and harmful to public safety, arguing that the state’s firearm regulations are consistent with constitutional limits and designed to reduce the risk posed by high-capacity firearms.
New Jersey already has some of the nation’s strictest gun purchasing laws
Even if the state’s assault weapons ban is ultimately invalidated, New Jersey would continue to maintain one of the country’s more restrictive firearm purchasing systems.
Unlike many states, New Jersey requires prospective rifle and shotgun purchasers to obtain a Firearms Purchaser Identification Card, complete a firearms safety component and undergo background checks before purchasing long guns.
Only a handful of states impose similar licensing or training requirements for semiautomatic rifle purchases.
New York requires purchasers to obtain a license before buying semiautomatic rifles, while Massachusetts and Connecticut require permits and firearms safety training.
Washington requires proof of firearms safety training completed within the previous five years before a firearm may be transferred, while Colorado recently adopted a law requiring many buyers of semiautomatic firearms with detachable magazines to complete state-approved training and receive county approval before purchase.
Debate extends beyond New Jersey
Supporters of licensing and training requirements argue they help ensure firearm owners understand safe handling practices, create additional safeguards against prohibited purchasers and introduce a waiting period that may reduce impulsive acts of violence.
Opponents contend the requirements increase costs, create lengthy delays for lawful gun owners and place disproportionate burdens on lower-income residents while doing little to deter criminals who obtain firearms illegally.
Research examining permit-to-purchase systems has found they can reduce firearm purchases in the short term by adding cost and administrative requirements, though studies have reached mixed conclusions about whether they significantly reduce long-term gun ownership or violent crime.
The constitutionality of many state firearm restrictions remains unsettled following recent Supreme Court decisions requiring courts to evaluate gun laws against the nation’s historical tradition of firearm regulation.
New Jersey’s case is one of several challenges involving semiautomatic rifle restrictions making their way through the federal courts and could become another major Second Amendment case considered by the Supreme Court.
If the Third Circuit denies New Jersey’s request to stay its decision, state officials are expected to ask the U.S. Supreme Court directly to keep the bans in effect while the appeal proceeds. The outcome could determine not only the future of New Jersey’s assault weapons law but also influence similar firearm restrictions adopted by other states.
