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Association of New Jersey Rifle & Pistol Clubs, Inc., et al. v. Andrew J. Bruck, Acting Attorney General of New Jersey, et al.
Paid petition · United States Court of Appeals for the Third Circuit, No. 19-3142 · judgment September 1, 2020
Before the decision, modestly above the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a Third Circuit decision below, and a business petitioner, and down for a state or local-government respondent.
Questions presented
Under recent amendments to New Jersey law, an ordinary law-abiding citizen is prohibited from possessing a firearm magazine capable of holding more than 10 rounds of ammunition, even though such magazines are widely owned and come standard issue for handguns and long guns typically owned for selfdefense. New Jersey’s new law does not stop at banning the purchase of such magazines prospectively; it applies retrospectively to treat any non-compliant magazine as contraband no matter how long, lawfully, or safely it has been possessed. The law is thus unconstitutional twice over. This Court in District of Columbia v. Heller held that the Second Amendment protects arms that are “typically possessed by law-abiding citizens for lawful purposes,” 554 U.S. 570, 625 (2008), which concededly describes the magazines here to a T. And dispossessing citizens of lawfully acquired property without just compensation effects an impermissible physical taking. A divided panel of the Third Circuit nevertheless upheld the law, in opinions that generated multiple dissents and escaped en banc review by a narrow 8-6 vote. The questions presented are:
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Whether a blanket, retrospective, and confiscatory law prohibiting ordinary law-abiding citizens from possessing magazines in common use violates the Second Amendment.
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Whether a law dispossessing citizens without compensation of property that was lawfully acquired and long possessed without incident violates the Takings Clause.
Counsel of record
For petitioner
Paul D. Clement
Kirkland & Ellis LLP
For respondent
Jeremy Michael Feigenbaum
Office of the New Jersey Attorney General
Case
Conference history
Distributed for 3 conferences
Amicus briefs
4 cert-stage
Proceedings
- Aug 01 2022JUDGMENT ISSUED
- Jun 30 2022Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of New York State Rifle & Pistol Assn., Inc. v. Bruen, 597 U. S. ___ (2022).
- Jun 29 2022DISTRIBUTED for Conference of 6/29/2022.
- Aug 25 2021DISTRIBUTED for Conference of 9/27/2021.
- Aug 25 2021Reply of petitioners Association of New Jersey Rifle & Pistol Clubs, Inc., et al. filed. (Distributed)
- Aug 11 2021Brief of respondents Gurbir S. Grewal, et al. in opposition filed.
- Jul 07 2021Motion to extend the time to file a response is granted and the time is extended to and including August 11, 2021, for all respondents.
- Jul 02 2021Motion to extend the time to file a response from July 12, 2021 to August 11, 2021, submitted to The Clerk.
- Jun 11 2021Response Requested. (Due July 12, 2021)
- Jun 08 2021DISTRIBUTED for Conference of 6/24/2021.
- Jun 03 2021Waiver of right of respondent Thomas Williver, in his official capacity as Chief of Police Department to respond filed.
- May 28 2021Waiver of right of respondents Gurbir S. Grewal, et al. to respond filed.
- May 28 2021Brief amicus curiae of California Rifle & Pistol Association, Incorporated, Gun Owners of California and Second Amendment Law Center filed.
- May 28 2021Brief amicus curiae of Mountain States Legal Foundation's Center to Keep and Bear Arms filed.
- May 28 2021Brief amicus curiae of The National Shooting Sports Foundation, Inc. filed.
- May 28 2021Brief amici curiae of State of Arizona et al. filed.
- May 14 2021Blanket Consent filed by Petitioner, Association of New Jersey Rifle & Pistol Clubs, Inc., et al.
- Apr 26 2021Petition for a writ of certiorari filed. (Response due May 28, 2021)