United States District Court, D. New Jersey
Association of New Jersey Rifle & Pistol Clubs, Inc., et ai, Plaintiffs,
Gurbir Grewal, et al, Defendants.
MEMORANDUM AND ORDER
G. SHERIDAN, U.S.D.J.
matter comes before the Court on several motions: three
motions for summary judgment filed by Defendants, (ECF Nos.
84, 85, 86); a cross-motion for summary judgment filed by
Plaintiffs, (ECF No. 92); and a motion to stay proceedings in
this action, filed by Plaintiffs, pending the outcome of a
case, which is currently pending before the Supreme Court,
(ECF No. 91). This action concerns the constitutionality of a
New Jersey statute regulating the capacity of firearm
magazines. More specifically, on June 13, 2018, New Jersey
enacted a law which, with certain exceptions, makes it
unlawful for any person in the state to possess any firearm
magazines that are capable of holding more than ten rounds of
ammunition. See L. 2018, c. 39 § 1.
same day that New Jersey enacted that law, Plaintiffs filed
the present lawsuit, seeking its invalidation and sought a
preliminary injunction. The Court held a three-day hearing on
August 13, 16, and 17, 2018, during which it heard the
testimony of various expert witnesses. Closing arguments were
made on September 6, 2018. On September 28, 2018, the Court
entered a Memorandum and Order wherein it denied
Plaintiffs' motion to enjoin enforcement of the statute.
December 5, 2018, over a dissent, the Third Circuit affirmed.
See Ass'n of N.J. Rifle and Pistol Clubs, Inc. v.
Attorney General New Jersey, 910 F.3d 106 (3d Cir.
2018). On January 9, 2019, the Third Circuit denied
Plaintiffs' petition for rehearing en banc. Ass'n
of N.J. Rifle and Pistol Clubs, Inc. v. Attorney General New
Jersey, No. 18-3170 (3d Cir. Jan. 9, 2019).
case was proceeding, another, similar case was proceeding in
a neighboring state. Specifically, a group of Plaintiffs
brought an action in the Southern District of New York
to partially invalidate 38 RCNY § 5-23, which limits
transport of a handgun through the following provision:
"To maintain proficiency in the use of the handgun, the
licensee may transport her/his handgun(s) directly to and
from an unauthorized small arms range/shooting club,
unloaded, in a locked container, the ammunition to be carried
State Rifle & Pistol Ass'n (NYSRPA) v. City of New
York, 86 F.Supp.3d 249, 253 (S.D.N.Y l2015). On February
5, 2015, the court entered summary judgment in favor of the
City of New York.
February 23, 2018, the Second Circuit affirmed the district
court opinion. NYSRPA v. City of New York, 883 F.3d
45 (2d Cir. 2018). On January 22, 2019, the Supreme Court
granted the plaintiffs' petition for a writ of
certiorari. NYSRPA v. City of New York, 139 S.Ct.
power to stay proceedings is incidental to the power inherent
in every court to control the disposition of the causes on
its docket with economy of time and effort for itself, for
counsel, and for litigants." Landis v. N. American
Co.,299 U.S. 248, 254 (1936). A court considering a
motion to stay proceedings "must weigh competing
interests and maintain an even balance." Id. at
254-55. The party seeking a stay "must make out a clear
case of hardship or inequity in being required to go ...