The ban impairs using guns for self-defense. The government’s entire case is that smaller magazines mean more reloading. That may make guns less effective for ill—but so too for good. The government’s own police detective testified that he carries large magazines because they give him a tactical “advantage,” since users must reload smaller magazines more often. App. 116-18. And he admitted that “law-abiding citizens in a gunfight” would also find them “advantageous.” App. 119. So the ban impairs both criminal uses and self-defense.
The law does not ban all magazines, so it is not per se un-constitutional. But it does impair the core Second Amendment right. We usually would stop there. How much the law impairs the core or how many people use the core right that way does not affect the tier of scrutiny. So like any other law that burdens a constitutional right’s core, this law warrants strict scrutiny.
Circuit Judge, dissenting.
December 5, 2018
Page 5 of the dissent in Association of New Jersey Rifle and Pistol Clubs, Inc.; Blake Ellman; Alexander Dembrowski, Appellants v. Attorney General New Jersey; Superintendent New Jersey State Police.
[See also my “dissent”.—Joe]