New Jersey: Possession of ‘High Capacity’ Magazines a Fourth Degree Felony Starting Tuesday

The possession of “high capacity” magazines will be a fourth degree felony in New Jersey beginning Tuesday morning.

Gov. Phil Murphy (D) signed the ban on magazines holding over 10 rounds in June, and it takes effect December 11.

The ban was challenged in court after it was signed, but last week the United States Court of Appeals for the Third Circuit upheld the ban. Breitbart News reported that a three-judge panel from the Third Circuit voted 2 to 1 to uphold the ban.

Judge Stephanos Bibas, a Trump appointee, was the panel judge who voted against the ban. He argued that the ruling treats the Second Amendment as protecting second-class rights, unequal with other rights. He wrote, “The Second Amendment is an equal part of the Bill of Rights. We must treat the right to keep and bear arms like other enumerated rights, as the Supreme Court insisted in Heller. We may not water it down and balance it away based on our own sense of wise policy.” On a practical note, “high capacity” magazines are not the key element to mass public attacks in America. Rather, the key element is time. Attackers target gun free zones and this gives them time to carry out their evil machinations at their leisure. It creates a scenario where an attacker can pause and reload as much as he likes. Breitbart News reported that the Parkland shooter paused five times to reload during his attack, but unarmed teachers and staff were powerless to intervene.

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