AMGOA Staff
Pennsylvania


Posts: 1,427

In what should be a semi open and shut case, the matter of New Jersey's 10 round magazine capacity limitation case has been remanded further down. The Grant, Vacate, Remand from the Supreme Court of the United States on Association New Jersey Rifle, et al v. Attorney General New Jersey, et al. should have been a solid indicator to the United States Court of Appeals for the Third Circuit on how to rule. Based on prior arguments and the textual lens on how to view things, which was delivered by NYSRPA v. Bruen, the fact that this isn't settled already is baffling.

The August 25, 2022 Order decided to "kick", in the "kick or stick scenario".

This matter having been remanded for further consideration in light of the Supreme Court's decision in New York State Rifle & Pistol Ass'n v. Bruen, 142 S. Ct. 2111 (2022), and upon consideration of the parties' positions on whether it should in turn be remanded to the District Court for decision in the first instance under the standard announced in Bruen, it is hereby ORDERED that the matter is so remanded. Judge Matey dissents from this order, as described in the attached opinion.

https://bearingarms.com/john-petrolino/2022/09/12/gvred-nj-10-round-magazine-ban-punted-back-down-to-u-s-district-court-n62231