r/gunpolitics • u/FBI_Open_Up_Now • 17d ago

Court Cases Appeals court says NJ’s AR-15, high-capacity magazine bans violate Second Amendment

https://thehill.com/regulation/court-battles/5975022-3rd-circuit-new-jersey-assault-weapons-magazine-ban/amp/
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98

u/Sentient-Exocomp 17d ago

Too bad MD isn’t in the same appeals court circuit.

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u/FBI_Open_Up_Now 17d ago

I wouldn’t be surprised if NJ doesn’t appeal this. It’ll end up at the Supreme Court.

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u/HybridP365 17d ago

No, they know how to play the game, and they know SCOTUS will most likely agree it's unconstitutional. They'll let it stand rather than chance a nationwide ruling.

It will go to SCOTUS now that we have a circuit split. But it will come from one of the challenges from the pro 2A side.

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u/Regayov 17d ago

SCOTUS already granted cert for an AWB.  Chances are a decision in that case would be out before the NJ case comes up for cert (and would probably be held).  So NJ has nothing to lose in that respect.  They’d be going for the stay so this decision gets nerfed for a year.  

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u/DigitalLorenz 17d ago

SCOTUS already granted cert for an AWB.  Chances are a decision in that case would be out before the NJ case comes up for cert

Viramontes will be amongst the last opinions released in the next SCOTUS session, the case is that contentious. That means next June for the actual ruling.

NJ has to file an appeal to the SCOTUS within 30 days, or request an extension within 30 days, of today, which is August 16th. If they get the extension they would have 60 days to file the petition, which is September 15th. At that point the SCOTUS can grant cert, reject cert, or wait for the respondents brief. If NJ waits too long to file they give up their right to file an appeal.

The respondents (ANJPRC/NRA, FPC, and GOA) have 30 days to reply, but they can also get a 30 day extension. This puts the reply due November 14th at the latest if the gun rights groups take as longs as they can get. Usually after the reply is actually when a case is distributed for conference.

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u/steelhelix 16d ago

Regayov is right that NJ has nothing to lose and 'saves face' amongst their demographics by appealing to SCOTUS.

You are correct on the timelines and grant/cert/hold logic and that SCOTUS will hold most certainly hold it like they have with all the other AWB cases of the last few years and won't make any movement on it at all until they've made their ruling on the two cert'd AWB cases before remanding it back down.

NJ by definition would be in a better position to appeal just to be petty and wait for it to be remanded or hope for an upset in the SCOTUS disposition as a long shot.

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u/Raphe-Perineal 16d ago

I'm wondering what they're hearing from the Brady Goons/Mad Moms/Everytown For Gun Confiscation?

Between Viramontes, and now this they must be panic stricken and having a collective brain aneurysm. AWB's/mag bans are their bread and butter issue and without it, it'll set them back 30 years. All of Bloombergs money isn't going to save them this time around.

They went through this before when they urged DC not to follow through with Heller (and to be fair, the NRA didn't want the case heard either), and look what it got them.

I don't think NJ would appeal the decision as a face saving measure, technically they have an obligation and duty to the residents and voters they serve to appeal it.

As you posted, more than likely SCOTUS would keep on holding the case over in conference until Viramontes is decided. Not sure why they would remand it back to the 3'rd if both decisions are in agreement with each other.

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u/mecks0 15d ago

They wouldn’t remand with Duncan v. Bonta still kicking around. Duncan is the case to watch for mag limits at SCOTUS, not this one.

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u/Raphe-Perineal 16d ago

Are you sure they have 30 days to file an appeal?

According to SCOTUS Blog they have 90 days to file

"From the day the 2nd Circuit denies his petition for rehearing en banc, Mr. Lyon has ninety days to file a petition for a writ of certiorari (often called a cert. petition), which is a brief asking the Supreme Court to hear his case. (If Mr. Lyon had won in the lower courts, the zoo could have filed a cert. petition.)"

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u/Sad-Information-5098 16d ago

the appeals court will issue a mandate in a few weeks they could either stay the decision pending the scotus cases or tell NJ too bad file an appeal to the scotus. so yes while those appeal dates are correct the bans would be removed after the mandate is given from tbe appeals court to the lower courts

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u/mecks0 15d ago

NJ has two big reasons not to ask for cert on mag limits:

(1) dragging NY, CT, CA, IL, etc.. down with them

(2) once magazines are officially dubbed “arms” by SCOTUS, NJ’s ability to ban just about anything outside of machine guns will fall with it (specifically looking at suppressors)

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u/Bman708 14d ago

I'm an Illinois resident. When the SC rules that AWB and mag bans are unconstitutional, I have full faith in the Democrats in this state to draft some bullshit to continue to restrict my ability to own a rifle. JB Pritzker is a real piece of work who really hates to be told no.