ASSOCIATION NJ RIFLE v. ATTORNEY GEN. NEW JERSEY

No. 18-3170.

910 F.3d 106 (2018)

ASSOCIATION OF NEW JERSEY RIFLE AND PISTOL CLUBS, INC.; Blake Ellman; Alexander Dembrowski, Appellants, v. ATTORNEY GENERAL NEW JERSEY; Superintendent New Jersey State Police; Thomas Williver, in his Official Capacity as Chief of Police of the Chester Police Department; James B. O'Connor, in his Official Capacity as Chief of Police of the Lyndhurst Police Department.

United States Court of Appeals, Third Circuit.

Opinion Filed: December 5, 2018.


Attorney(s) appearing for the Case

David H. Thompson [Argued], Jose J. Alicea , Peter A. Patterson , Haley N. Proctor , Cooper & Kirk, 1523 New Hampshire Avenue, N.W., Washington, DC 20036, Daniel L. Schmutter , Hartman & Winnicki, 74 Passaic Street, Suite 101, Ridgewood, NJ 07650, Counsel for Appellants.

Jeremy Feigenbaum [Argued], Stuart M. Feinblatt , Office of Attorney General of New Jersey, Division of Criminal Justice, 25 Market Street, Richard J. Hughes Justice Complex, Trenton, NJ 08625, Bryan E. Lucas , Evan Andrew Showell , Office of Attorney General of New Jersey, 124 Halsey Street, P.O. Box 45029, Newark, NJ 07102, George C. Jones , John H. Suminski , McElroy Deutsch Mulvaney & Carpenter, 1300 Mount Kemble Avenue, P.O. Box 2075, Morristown, NJ 07962, Jennifer Alampi , Carmine Richard Alampi , Alampi & Demarrais, One University Plaza, Suite 404, Hackensack, NJ 07601, Counsel for Appellees.

John P. Sweeney , Bradley Arant Boult Cummings, Suite 1350, 1615 L Street, N.W., Suite 1350, Washington, DC 20036, Counsel for Amicus National Rifle Association of America.

Timothy M. Haggerty , Friedman Kaplan Seiler & Adelman, 7 Times Square, 28th Floor, New York, NY 10036, Counsel for Amicus Giffords Law Center to Prevent Gun Violence.

Loren L. AliKhan , Office of Attorney General of District of Columbia, Office of the Solicitor General, 441 4th Street, N.W., One Judiciary Square, Suite 630 South, Washington, DC 20001, Counsel for Amici District of Columbia, State of California, State of Connecticut, State of Delaware, State of Hawaii, State of Illinois, State of Iowa, State of Maryland, State of Massachusetts, State of New York, State of Oregon, Commonwealth of Pennsylvania, State of Rhode Island, State of Vermont, State of Virginia, and State of Washington.

Lawrence S. Lustberg , Jessica Hunter, Esq. , Gibbons, One Gateway Center, Newark, NJ 07102, Counsel for Amicus Everytown for Gun Safety.

Before: GREENAWAY, JR., SHWARTZ, and BIBAS, Circuit Judges.


OPINION

Today we address whether one of New Jersey's responses to the rise in active and mass shooting incidents in the United States — a law that limits the amount of ammunition that may be held in a single firearm magazine to no more than ten rounds — violates the Second Amendment, the Fifth Amendment...

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