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Wednesday, January 25, 2023

High Capacity Magazine Ban Unconstitutional


Audrey Trujillo, moderator of Gun Owners of New Mexico on Facebook, posted the following:

fyi: to whom this may concern

FYI: Association of New Jersey Rifle and Pistol Club v. BRUCK is a 2020 case banning large capacity.magazine in NJ. SCOTUS over turned a 3rd Circuit where 3rd Circuit upheld ban. SCOTUS ruled the ban was unconstitutional. Similar case/s remanded to 9th circuit over California's ban/restrictions. New Mexico's Legislature has several gun control measures they are poised to pass regardless of the constitutional prohibition already issued by SCOTUS. This is harassment of NM citizens.

If a statute is facially unconstitutional, the courts have stated that it cannot be enforced and the legislature may choose to repeal an unconstitutional statute to avoid confusion or to replace that statute with a new version that seeks to reach similar policy goals.

Pass this on! 

3 comments:

Anonymous said...

Can you post the link to the case. I'm getting conflicting answers.

Armand Vaquer said...

See: https://www.nj.com/opinion/2022/07/new-jerseys-under-the-gun-after-that-supreme-court-decision-on-the-second-amendment-mulshine.html

Armand Vaquer said...

See also: https://news.bloomberglaw.com/us-law-week/justices-send-assault-weapon-magazine-bans-back-to-lower-courts

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