The issue of laws banning magazines that hold more than ten rounds could be decided by the Supreme Court after New Jersey appealed a decision by the United States Court of Appeals for the Third Circuit that struck down the state’s ban on modern semiautomatic firearms and magazines holding more than ten rounds.
“D.C. threatens peaceable gun owners with felony prosecution and years in prison for possessing standard firearm magazines, then hides behind a court-created rule to deny them their day in court,” FPC President Brandon Combs said in a release. “That is a disgraceful constitutional Catch-22. The government does not get to tell Americans they must either surrender their rights or risk prison just to challenge an unconstitutional law. The Second Amendment is not a second-class right, and gun owners are not second-class citizens. We’re demanding that the D.C. Circuit end this absurd exception, open the courthouse doors, and let us fight D.C.’s immoral magazine ban on the merits.”
The Third Circuit’s ruling created a “circuit split” with the Ninth Circuit, which upheld Duncan v. Bonta, a challenge to California’s ban on magazines holding more than ten rounds. “Circuit splits” occur when federal appeals courts disagree on rulings, making it more likely the Supreme Court will hear the case. The Supreme Court considered taking up Duncan v. Bonta for over 24 conferences since the petition arrived at the high court, a record, but had not announced a decision about whether it would take the case as of Tuesday.
— Harold Hutchison in DC’s Gun-Magazine Ban Faces New Legal Hurdle
Next time an anti-gunner tells you, “We only had muskets when the 2nd amendment was written.”, ask them how many mosques we had when the 1st amendment was written.
[note: When the 2nd Amendment was written (actually before it was written), multi-shot weapons and repeating weapons existed with ‘high capacity magazines’ in the form of a ready personal supply ‘container’ of ammo, the semi-auto firearms of the times.]