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Phiremin

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About Phiremin

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  1. So is this going to be appealed to the 3rd circuit? Not that it matters anyway, since the 2nd Amendment seems to be the red headed stepchild of the Constitution in the eys of many judges.
  2. I agree. Personally, I don’t think a decision is imminent. In California, the magazine confiscation injunction was only granted the day before the law took effect. The wheels of justice move slow and this is probably the most impactful case this judge will ever decide. Whatever decision he makes will be challenged, appealed, publicly celebrated by one side and criticized by the other. It may end up as part of the record that goes to the Supreme Court. Don’t assume taking time means it’s not being taken seriously or it’s being put on the back burner. The California district court decision was 66 pages. If anything, a long time may indicate a better outcome (an injunction) since blocking a state law, especially a high profile one, is a big deal and will need to be thoroughly defended in the judge’s decision. Personally, I put the over/under on this sometime around thanksgiving. I also predict we will get the injunction (at least with respect to confiscation).
  3. The law is kind of vague. While you have 6 months to get rid of them, you aren’t allowed to transport them. In December, I guess they just need to magically disappear. A range my friend goes to sent an email around saying “no more 15 round mags”, but I assume most places are taking more of a “don’t ask don’t tell” approach for now.
  4. I think we might need to be patient. This is probably the biggest case of this judges career. No matter what he decides, the other side will appeal to the 3rd Circuit. There is an excellent chance that whatever he does will be part of the record on a case that will be heard by the Supreme Court. He isn’t just going to bang out an answer. He is going to do his homework, research case law and dot every “I” and cross every “t”. Don’t be shocked if we wait a while for this.
  5. Interesting factoid, but totally irrelevant. Heller has already provided instructions as to how we may determine the legality of a firearm. Is the prohibition “longstanding” (no)? Are 15 round magazine in “common use” (yes)? Are 15 round magazine “dangerous and unusual”? (no) The state is essentially asking the judge to set aside Heller and write a new law “is it good enough for the average self defense incident”? The Supreme Court may be able to do that, but a district court must follow precedent
  6. I’m guessing the state was challenged on how they can argue 15 round magazines are “dangerous and unusual” and at the same time law enforcement needs to be exempt. I’m guessing they are arguing 15 round magazines are only “dangerous and unusual” in “untrained hands” (us regular citizens can’t be trusted not to just start spraying bullets). And, it would be impractical to train us.
  7. 2 things 1) Judge Sheridan is a republican (served as director of state republican committee) and was appointed to the bench by George Bush. While I realize that republican nominated judges are not always reliable, I’d rather take my chances on a Republican. 2) This is a high profile case. The losing side will appeal to the 3rd Circuit Court. A 3 judge panel will scrutinize his decision. This may end up before SCOTUS. There is simply NO WAY he decides this without full briefings and hearings. A case like this may be his legacy. He doesn’t want this case sent back to him be an appeals court because he didn’t hold hearings or adequately justify his decision.
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