No. 20-1507

Association of New Jersey Rifle & Pistol Clubs, Inc., et al. v. Andrew J. Bruck, Acting Attorney General of New Jersey, et al.

Lower Court: Third Circuit
Docketed: 2021-04-28
Status: GVR
Type: Paid
Amici (4)Response RequestedResponse WaivedRelisted (3) Experienced Counsel
Tags: 2nd-amendment civil-procedure civil-rights due-process law-abiding-citizens magazine-ban property-rights retrospective-law second-amendment standing takings takings-clause
Key Terms:
SecondAmendment Takings FirstAmendment JusticiabilityDoctri
Latest Conference: 2022-06-29 (distributed 3 times)
Question Presented (AI Summary)

Whether a blanket, retrospective, and confiscatory law prohibiting ordinary law-abiding citizens from possessing magazines in common use violates the Second Amendment

Question Presented (OCR Extract)

QUESTIONS PRESENTED Under recent amendments to New Jersey law, an ordinary law-abiding citizen is prohibited from possessing a firearm magazine capable of holding more than 10 rounds of ammunition, even though such magazines are widely owned and come standard issue for handguns and long guns typically owned for selfdefense. New Jersey’s new law does not stop at banning the purchase of such magazines prospectively; it applies retrospectively to treat any non-compliant magazine as contraband no matter how long, lawfully, or safely it has been possessed. The law is thus unconstitutional twice over. This Court in District of Columbia v. Heller held that the Second Amendment protects arms that are “typically possessed by law-abiding citizens for lawful purposes,” 554 U.S. 570, 625 (2008), which concededly describes the magazines here to a T. And dispossessing citizens of lawfully acquired property without just compensation effects an impermissible physical taking. A divided panel of the Third Circuit nevertheless upheld the law, in opinions that generated multiple dissents and escaped en banc review by a narrow 8-6 vote. The questions presented are: 1. Whether a_ blanket, retrospective, and confiscatory law prohibiting ordinary law-abiding citizens from possessing magazines in common use violates the Second Amendment. 2. Whether a law dispossessing citizens without compensation of property that was lawfully acquired and long possessed without incident violates the Takings Clause.

Docket Entries

2022-08-01
JUDGMENT ISSUED
2022-06-30
Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of <i>New York State Rifle & Pistol Assn., Inc.</i> v. <i>Bruen</i>, 597 U. S. ___ (2022).
2022-06-29
DISTRIBUTED for Conference of 6/29/2022.
2021-08-25
Reply of petitioners Association of New Jersey Rifle & Pistol Clubs, Inc., et al. filed. (Distributed)
2021-08-25
DISTRIBUTED for Conference of 9/27/2021.
2021-08-11
Brief of respondents Gurbir S. Grewal, et al. in opposition filed.
2021-07-07
Motion to extend the time to file a response is granted and the time is extended to and including August 11, 2021, for all respondents.
2021-07-02
Motion to extend the time to file a response from July 12, 2021 to August 11, 2021, submitted to The Clerk.
2021-06-11
Response Requested. (Due July 12, 2021)
2021-06-08
DISTRIBUTED for Conference of 6/24/2021.
2021-06-03
Waiver of right of respondent Thomas Williver, in his official capacity as Chief of Police Department to respond filed.
2021-05-28
Brief amici curiae of State of Arizona et al. filed.
2021-05-28
Brief amicus curiae of The National Shooting Sports Foundation, Inc. filed.
2021-05-28
Brief amicus curiae of Mountain States Legal Foundation's Center to Keep and Bear Arms filed.
2021-05-28
Brief amicus curiae of California Rifle & Pistol Association, Incorporated, Gun Owners of California and Second Amendment Law Center filed.
2021-05-28
Waiver of right of respondents Gurbir S. Grewal, et al. to respond filed.
2021-05-14
Blanket Consent filed by Petitioner, Association of New Jersey Rifle & Pistol Clubs, Inc., et al.
2021-04-26
Petition for a writ of certiorari filed. (Response due May 28, 2021)

Attorneys

Andrew J. Bruck, Acting Attorney General of New Jersey, et al.
Jeremy Michael FeigenbaumOffice of the New Jersey Attorney General, Respondent
Jeremy Michael FeigenbaumOffice of the New Jersey Attorney General, Respondent
Association of New Jersey Rifle & Pistol Clubs, Inc., et al.
Paul D. ClementKirkland & Ellis LLP, Petitioner
Paul D. ClementKirkland & Ellis LLP, Petitioner
California Rifle & Pistol Association, Incorporated, Gun Owners of California and Second Amendment Law Center
Anna Marie BarvirMichel & Associates, P.C., Amicus
Anna Marie BarvirMichel & Associates, P.C., Amicus
Mountain States Legal Foundation's Center to Keep and Bear Arms
Cody James WisniewskiMountain States Legal Foundation, Amicus
Cody James WisniewskiMountain States Legal Foundation, Amicus
State of Arizona
Michael Shawn CatlettArizona Attorney General's Office, Office of the Solicitor General, Amicus
Michael Shawn CatlettArizona Attorney General's Office, Office of the Solicitor General, Amicus
The National Shooting Sports Foundation, Inc.
Craig Allen LivingstonLinvingston Law Firm, P.C., Amicus
Craig Allen LivingstonLinvingston Law Firm, P.C., Amicus
Thomas Williver, in his official capacity as Chief of Police Department
George C. JonesMcElroy, Deutsch, Mulvaney & Carpenter, LLP, Respondent
George C. JonesMcElroy, Deutsch, Mulvaney & Carpenter, LLP, Respondent