NJ Magazine Capacity Lawsuit: Penalties, Exemptions, and Appeal

New Jersey’s magazine capacity law bans possession of any ammunition magazine that holds more than 10 rounds, and a violation is a fourth-degree crime punishable by up to 18 months in prison and a fine of up to $10,000. The limit applies to detachable and fixed magazines alike, with narrow exemptions for law enforcement, military, and a small number of previously registered owners. A federal constitutional challenge is pending before the Third Circuit Court of Appeals, but no court has suspended the law, so it remains fully enforceable.

What Counts as an Illegal Magazine

State law defines a “large capacity ammunition magazine” as any box, drum, tube, or other container that holds more than 10 rounds and feeds them continuously into a semi-automatic firearm. The definition covers both detachable magazines and those permanently attached to the gun.¹

One narrow exception exists. An attached tubular device that only holds .22 caliber rimfire ammunition falls outside the definition, so lever-action or pump rifles with .22 rimfire tube magazines are not restricted.¹

The limit dropped from 15 rounds to 10 in June 2018 when Governor Murphy signed P.L. 2018, Chapter 39.² The compliance grace period closed in December 2018. Anyone who still owns an unmodified, unregistered magazine over 10 rounds is now in possession of contraband.

A temporary block, such as a wooden dowel or removable pin, does not count as a permanent modification under state regulations. To stay legal, a magazine must be physically altered so it cannot accept more than 10 rounds.

Penalties for Possession

Possessing a prohibited magazine is a fourth-degree crime under N.J.S.A. 2C:39-3(j). The maximum sentence is 18 months in prison³ and a fine of up to $10,000.⁴ Prosecutors do not have to prove the magazine was used in or connected to any other offense. Simple possession in a home, a vehicle, or a range bag is enough.⁵

The term “fourth degree” can be misleading. In New Jersey’s system, it is an indictable offense, equivalent to a felony in most other states. A conviction creates a permanent criminal record that can affect employment, professional licensing, housing, and future firearm purchase eligibility. Law enforcement treats oversized magazines as contraband and can seize them at the scene.

Pre-Trial Intervention for First-Time Offenders

First-time offenders charged with magazine possession may be able to resolve the case through Pre-Trial Intervention (PTI).⁶ A participant enters a supervised period of up to 36 months. Successful completion means dismissal of the charges and eligibility to petition for expungement of the arrest record.

PTI requires prosecutor approval, which can be harder to secure for charges carrying potential prison time. The application fee is $75, plus $50 for the Victims of Crime Compensation Office and $75 for the Safe Neighborhoods Services Fund if the applicant is accepted.⁶ Anyone who has already used PTI, conditional discharge, or another diversionary program in any jurisdiction is ineligible. The application must be filed before the first case disposition conference after arraignment, so moving quickly matters.

Who Is Exempt

A limited set of people may lawfully possess magazines over 10 rounds in New Jersey.

Active law enforcement officers may possess large capacity magazines on and off duty. Off-duty officers can carry magazines holding up to 17 rounds, or more if the magazine is used with a service firearm issued by their department.⁵
Members of the U.S. Armed Forces and National Guard are exempt while performing official duties, provided their possession is authorized under applicable military regulations.⁵
Retired law enforcement officers authorized to carry a handgun under N.J.S.A. 2C:39-6(l) may possess magazines holding up to 15 rounds for use with a semi-automatic handgun. The exemption depends on maintaining the underlying carry authorization through ongoing qualification.⁷
Owners who registered an assault firearm before the 1990 ban may use large capacity magazines exclusively in sanctioned competitive shooting matches. Owners who registered a firearm with a fixed or detachable magazine holding up to 15 rounds under the 2018 grandfathering provision may also retain possession.⁵

One gap catches people off guard. The federal Law Enforcement Officers Safety Act (LEOSA), which lets qualified active and retired officers carry concealed firearms across state lines, does not override state magazine capacity restrictions. An officer traveling into New Jersey under LEOSA authority must still comply with the 10-round limit unless they also fit one of the state exemptions above.

Traveling Through New Jersey With Magazines

The federal Firearm Owners’ Protection Act (FOPA) offers a safe-passage provision for people transporting firearms between states where possession is legal. Under 18 U.S.C. § 926A, the firearm must be unloaded, and neither the firearm nor any ammunition can be readily accessible from the passenger compartment. In vehicles without a separate trunk, the firearm and ammunition must be in a locked container other than the glove compartment or console.⁸

FOPA’s protection is thinner than many gun owners assume. The statute references firearms and ammunition but does not explicitly list magazines as a separate category. New Jersey law enforcement has historically taken an aggressive stance on magazine possession, and state courts have not always honored FOPA defenses. Stopping overnight, taking a detour, or any deviation from a straight pass-through can undermine the safe-passage defense. Anyone driving through New Jersey with magazines over 10 rounds should treat FOPA as a legal risk, not a guarantee.

The Pending Court Challenge

The Association of New Jersey Rifle and Pistol Clubs (ANJRPC) is challenging the 10-round cap in ANJRPC v. Platkin. The suit argues the restriction violates the Second Amendment, because magazines over 10 rounds are in common use for lawful purposes, and the Fifth Amendment’s Takings Clause, because the 2018 law forced owners to destroy, alter, surrender, or transfer property they had legally acquired, with no compensation.⁹

The case was reshaped by the Supreme Court’s 2022 decision in New York State Rifle & Pistol Association v. Bruen, which replaced interest-balancing tests with a history-and-tradition standard. Under Bruen, the government must show that a gun restriction is consistent with the nation’s historical tradition of firearm regulation.¹⁰ The Supreme Court vacated the earlier ruling in the New Jersey case and sent it back for reconsideration under that framework.⁹

The Third Circuit heard en banc oral arguments on October 15, 2025, in Philadelphia.¹¹ As of early 2026, no decision has been issued. The ANJRPC’s litigation tracker estimates a ruling by June 30, 2026, though the court is not bound to that timeline.¹² Whichever side loses will likely seek Supreme Court review, so a final resolution could still be years away.

No injunction is in place suspending the magazine ban. Until a court order actually changes the law, the 10-round limit and its penalties apply in full to anyone who does not fall within a specific exemption.¹²

1
Justia. New Jersey Code 2C:39-1 – Definitions
2
New Jersey Legislature. P.L.2018, Chapter 39
3
FindLaw. New Jersey Code 2C:43-6 – Sentence of Imprisonment for Crime
4
Justia. New Jersey Code 2C:43-3 – Fines and Restitutions
5
Justia. New Jersey Code 2C:39-3 – Prohibited Weapons and Devices
6
New Jersey Judiciary. Pretrial Intervention
7
New Jersey Legislature. P.L. 2018, c.039
8
Office of the Law Revision Counsel. 18 USC 926A – Interstate Transportation of Firearms
9
SCOTUSblog. Association of New Jersey Rifle and Pistol Clubs Inc. v. Grewal
10
Supreme Court of the United States. New York State Rifle and Pistol Association, Inc. v. Bruen
11
CourtListener. Association of New Jersey Rifle and Pistol Clubs I v. Attorney General New Jersey
12
Association of New Jersey Rifle and Pistol Clubs. Litigation Tracker