voyager9 3,417 Posted July 30, 2019 15 minutes ago, FreeNJ said: A 3 judge panel previously upheld the ban, so the next step should've been en banc before the entire 3rd circuit. So why is only one judge now ruling on this? I believe the panel only ruled on the injunction. The case itself was still in the lower court until this single judge ruled to dismiss. Quote Share this post Link to post Share on other sites
FreeNJ 8 Posted July 30, 2019 15 minutes ago, voyager9 said: I believe the panel only ruled on the injunction. The case itself was still in the lower court until this single judge ruled to dismiss. So it still has to move through the entire 3rd circuit before going to SCOTUS? Quote Share this post Link to post Share on other sites
JohnnyB 4,289 Posted July 30, 2019 15 minutes ago, FreeNJ said: So it still has to move through the entire 3rd circuit before going to SCOTUS? Hang in there my friend! I think SCOTUS has a surprise for us later this year! Keep the faith! Screw the 3rd Circuit! 1 2 Quote Share this post Link to post Share on other sites
Old Glock guy 1,125 Posted July 30, 2019 So one judge doesn't like guns and gun owners, and that's the end of it? Quote Share this post Link to post Share on other sites
JohnnyB 4,289 Posted July 30, 2019 Close your eyes, tap your heels together 3 times and say I believe in the Constitution and SCOTUS! Ignore the green hands...They are Murphy's hands trying to steal our God given Constitutional rights! He will lose in the end! 1 Quote Share this post Link to post Share on other sites
JHZR2 56 Posted July 30, 2019 45 minutes ago, Old Glock guy said: So one judge doesn't like guns and gun owners, and that's the end of it? That was my thought. There’s some next step, right? This doesnt all end because of some two-bit opinion? Quote Share this post Link to post Share on other sites
Kwin 9 Posted July 30, 2019 Sooo I’m not keeping up on this law. I know we (law abiding citizens) are now limited to 10rnd mags. ANJRCP is pushing back against the bill which was shut down by the 3rd circuit and now is moving to the SCOTUS? How long will it take to get to the SCOTUS? Is that correct or am I mistaken? Is ANJRPC pushing for a return to 15 rounds? Or are they going big and fighting for unlimited cap? Quote Share this post Link to post Share on other sites
SJG 253 Posted July 30, 2019 In theory, the district judge's final determination on a summary judgment motion can be appealed again to the Third Circuit. However, it is likely that the same panel would get the case again and summarily affirm, at which point, there would be the right to an en banc option to the Third Circuit or appeal to the U. S. Supreme Court. There would be no rush in the Third Cir to quickly issue an opinion nor would there be even if en banc review is granted and certainly no rush on a cert petition to the U. S. Supreme Court. What this means is that unless another mag restriction case is actually decided by the Supreme Court that changes the landscape, it will be at least two more years in the Fed system. Of all the second amendment issues mag capacity restriction is not a major player in reversal potential. Quote Share this post Link to post Share on other sites
WP22 1,558 Posted July 30, 2019 17 hours ago, Sniper said: Don't worry, the SCOTUS will save us, right? Still waiting... Quote Share this post Link to post Share on other sites
raz-0 1,256 Posted July 30, 2019 56 minutes ago, SJG said: In theory, the district judge's final determination on a summary judgment motion can be appealed again to the Third Circuit. However, it is likely that the same panel would get the case again and summarily affirm, at which point, there would be the right to an en banc option to the Third Circuit or appeal to the U. S. Supreme Court. There would be no rush in the Third Cir to quickly issue an opinion nor would there be even if en banc review is granted and certainly no rush on a cert petition to the U. S. Supreme Court. What this means is that unless another mag restriction case is actually decided by the Supreme Court that changes the landscape, it will be at least two more years in the Fed system. Of all the second amendment issues mag capacity restriction is not a major player in reversal potential. So you don't think if SCOTUS says strict scrutiny is required, it wouldn't effect mag capacity limits? By what reasoning? If the state's interest is to protect bystanders, and that is considered valid, then you would have to show it is the least restrictive method to get there. Since you can miss ten times with a ten rounder and miss two times with a 30 rounder, I'm not seeing how it gets you there, and it is demonstrably a restriction, so... Quote Share this post Link to post Share on other sites
SJG 253 Posted July 30, 2019 Sure, if they say that all Second Amendment Issues or all mag capacity issues are subject to strict scrutiny it would make a difference. But the probability that they will issue a sweeping all encompassing non mag releated Second Amendment decision that applies in all situations is remote as the law usually, but not always evolves incrementally . However, as I said regarding the mag limit issue in isolation: "What this means is that unless another mag restriction case is actually decided by the Supreme Court that changes the landscape" Quote Share this post Link to post Share on other sites
raz-0 1,256 Posted July 30, 2019 38 minutes ago, SJG said: Sure, if they say that all Second Amendment Issues or all mag capacity issues are subject to strict scrutiny it would make a difference. But the probability that they will issue a sweeping all encompassing non mag releated Second Amendment decision that applies in all situations is remote as the law usually, but not always evolves incrementally . However, as I said regarding the mag limit issue in isolation: "What this means is that unless another mag restriction case is actually decided by the Supreme Court that changes the landscape" We had intermediate scrutiny. Unless something really weird happens worst case we retain intermediate scrutiny with some additional verbiage and precedent for the 2nd extending outside the home in some manner. If that's the case, unless SCOTUS hears it and tells them mag capacity bans don't fly. it sticks. I guess this is possible and that scotus is now open for business individually second guessing every piece of crap legislation. But.. Assuming there is a point to accepting rather than dodging the case, it would get something other than the same old same old out of it. Which means either strict scrutiny or a well defined judicial test. Either of them would apply to everything associated with the second amendment. I do doubt that they will provide a ruling that would cede all regulatory power of the government, so obviously some regulations will stand. But I think you will have to be more clever than an outright ban of commonplace arms. 1 Quote Share this post Link to post Share on other sites
FreeNJ 8 Posted July 30, 2019 2 hours ago, SJG said: In theory, the district judge's final determination on a summary judgment motion can be appealed again to the Third Circuit. However, it is likely that the same panel would get the case again and summarily affirm, at which point, there would be the right to an en banc option to the Third Circuit or appeal to the U. S. Supreme Court. There would be no rush in the Third Cir to quickly issue an opinion nor would there be even if en banc review is granted and certainly no rush on a cert petition to the U. S. Supreme Court. What this means is that unless another mag restriction case is actually decided by the Supreme Court that changes the landscape, it will be at least two more years in the Fed system. Of all the second amendment issues mag capacity restriction is not a major player in reversal potential. Are you sure it would be the same panel? Since that ruling the 3rd circuit has flipped with the confirmations of Paul Matey and Peter Phipps. Quote Share this post Link to post Share on other sites
10X 3,278 Posted July 30, 2019 18 hours ago, JohnnyB said: The bear must be angry because he realized his linked ammo belt isn't going to work with the old side-by-side. 1 Quote Share this post Link to post Share on other sites