Brady Applauds Third Circuit Ruling Upholding New Jersey’s Ban on Large Capacity Magazines

Washington, D.C., September 1, 2020 - Today, Brady applauds the ruling from the United States Court of Appeals for the Third Circuit, upholding New Jersey’s ban on large capacity magazines holding more than 10 rounds of ammunition. The court’s judgement is prudent and upholds long standing precedent that there is no constitutional right to a large capacity magazine and that a state may ban them in the interest of public safety. In their opinion, the judges cited that “at least four other circuits that have decided that laws regulating [Large Capacity Magazines] are constitutional,” underscoring the widespread and established standard to which such bans are and should be held.

The Third Circuit’s ruling is correct; Brady reiterates that large capacity magazine bans are not only constitutional but in the best interest of public safety.

Brady Legal Vice President Jonathan Lowy shared:

“This decision is the latest reality-check confirming that so much of the rhetoric from the gun lobby and others on the Second Amendment is plain wrong. The Third Circuit, like most courts across the country, have properly recognized that the Second Amendment is totally consistent with strong, sensible gun laws, like New Jersey’s ban on large capacity magazines. The state’s duly elected legislature was within its authority to enact this law in the interest of public safety and to protect New Jersey citizens’ most fundamental right -- the right to live. The Second Amendment does not empower private citizens to arm themselves with weapons of war. We are pleased that the Third Circuit recognized and reaffirmed this.

This ruling follows a contrary decision in the Ninth Circuit court, where a three judge panel incorrectly ruled that California’s ban on large capacity magazines violated an individual’s Second Amendment right to bear arms. In her dissenting opinion in that ruling, Judge Barbara M.G. Lynn stated that the facts in that case were “nearly identical” to previous cases which appeals courts, including the Ninth Circuit, had upheld bans on large capacity magazines. The ruling in the Third Circuit provides greater support for Judge Lynn’s well-reasoned dissent. Brady looks forward to the full Ninth Circuit overturning that decision and joining the Third Circuit in upholding precedent and the right of the state to protect its citizens.”