Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Association of New Jersey Rifle & Pistol Clubs, Inc. v. Grewal

United States District Court, D. New Jersey

July 29, 2019

Association of New Jersey Rifle & Pistol Clubs, Inc., et ai, Plaintiffs,
v.
Gurbir Grewal, et al, Defendants.

          MEMORANDUM AND ORDER

          PETER G. SHERIDAN, U.S.D.J.

         This 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.

         I.

         On the 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.

         On 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).

         II.

         As this 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 seeking:

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 separately."

         N.Y. 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.

         On 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. 939 (2019).

         Legal Analysis

          Stay

         "[T]he 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 ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.