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JohnnyB

Mag ban upheld by the 3rd Circuit! AGAIN!

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From the ANJRPC

THIRD CIRCUIT DENIES MAG BAN APPEAL,
BUT DISSENT LAYS GROUNDWORK FOR POSSIBLE REHEARING
 
September 1, 2020. In a 2-1 decision, the U.S. Court of Appeals for the Third Circuit today ruled against ANJRPC's appeal in its lawsuit to overturn New Jersey’s ban on magazines over 10 rounds of ammunition. See a copy of the decision here.
 
The court ruled on a purely procedural basis. It found that because a previous three-judge panel upheld the mag ban on an early motion for an injunction when the case first began in 2018, the current three-judge panel could not decide the case differently. Whether the mag ban was unconstitutional was not even considered.
 
In a strongly worded dissent from Trump-appointed Judge Paul Matey, the judge found fault with the majority's reasoning. Judge Matey argued that, because the previous panel did not treat all of the issues in the case, the court was entirely free to find differently now. Judge Matey also urged that the Third Circuit should scrap its current approach to Second Amendment cases, which differs significantly from the approach emphasized in the landmark U.S. Supreme Court decision D.C. v. Heller. Judge Matey effectively suggested that the appeal should be taken up fresh by the full Third Circuit (not merely a three-judge panel) -- a process known as “rehearing en banc.”
 
ANJRPC is currently considering all options available in the case, and will announce its next steps once a decision has been made with counsel.
 

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5 hours ago, JohnnyB said:

“rehearing en banc.”

We have a good chance at the entire 3rd Circuit ruling on this based on the strongly worded dissent from Trump-appointed Judge Paul Matey!  We might yet win this one!:)

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47 minutes ago, JohnnyB said:

Pass the word on that due to Covid-19, Republicans will be able to vote on November 3rd and Democrats on the 4th.

Now, that would be a great social media campaign. You need to spread that far and wide!

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This country can be so damn confusing.  The Ninth Circuit ruled California’s high capacity ban Unconstitutional and if you are in their jurisdiction you can again own them.  Now the Third Circuit upholds the ban.....This really needs to be settled by the SCOTUS.

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5 minutes ago, Gabesdad said:

This country can be so damn confusing.  The Ninth Circuit ruled California’s high capacity ban Unconstitutional and if you are in their jurisdiction you can again own them.  Now the Third Circuit upholds the ban.....This really needs to be settled by the SCOTUS.

We need more conservative Supreme Court Judges to rule in our favor.

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11 hours ago, Gabesdad said:

This country can be so damn confusing.  The Ninth Circuit ruled California’s high capacity ban Unconstitutional and if you are in their jurisdiction you can again own them.  Now the Third Circuit upholds the ban.....This really needs to be settled by the SCOTUS.

Circuit splits like this is how it gets to the SCOTUS.

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I don't know if this was posted elsewhere but I'll just leave this here:

 

18 STATES FILE LEGAL BRIEF SUPPORTING ANJRPC IN MAG BAN CASE!

September 22, 2020.  Today, 18 State Attorneys General filed a joint legal brief in ANJRPC's mag ban case, supporting our pending request that the full panel of Third Circuit judges reconsider the prior decision of a smaller three-judge panel tossing the case.  See a copy of the Attorneys General brief here.
 

The brief was filed jointly by the states of Arizona, Alabama, Alaska, Arkansas, Georgia, Idaho, Indiana, Kansas, Kentucky, Mississippi, Missouri, Ohio, Oklahoma, South Carolina, South Dakota, Texas, Utah, and West Virginia.  The brief argues that New Jersey's magazine ban blatantly violates the Second Amendment and the rules established to protect it under the Heller case.

With 18 states weighing in, it will be harder for the Third Circuit to simply ignore the reasoning of other jurisdictions outside the anti-gun bubble of the Northeastern U.S.

Please watch for further developments in the case.

https://www.anjrpc.org/page/18StatesFileBriefSupportingMagBanCase

 

 

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22 minutes ago, FXDX said:

18 STATES FILE LEGAL BRIEF SUPPORTING ANJRPC IN MAG BAN CASE!

September 22, 2020.  Today, 18 State Attorneys General filed a joint legal brief in ANJRPC's mag ban case, supporting our pending request that the full panel of Third Circuit judges reconsider the prior decision of a smaller three-judge panel tossing the case.  See a copy of the Attorneys General brief here.
 

The brief was filed jointly by the states of Arizona, Alabama, Alaska, Arkansas, Georgia, Idaho, Indiana, Kansas, Kentucky, Mississippi, Missouri, Ohio, Oklahoma, South Carolina, South Dakota, Texas, Utah, and West Virginia.  The brief argues that New Jersey's magazine ban blatantly violates the Second Amendment and the rules established to protect it under the Heller case.

With 18 states weighing in, it will be harder for the Third Circuit to simply ignore the reasoning of other jurisdictions outside the anti-gun bubble of the Northeastern U.S.

I went to high school with the Idaho Attorney General.  Larry's a good guy.   He argued endlessly in American Government class, telegraphing his future career path.

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10 hours ago, 10X said:

I went to high school with the Idaho Attorney General.  Larry's a good guy.   He argued endlessly in American Government class, telegraphing his future career path.

Too bad American Civics is no longer part of anyone's curriculum. :mad:

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8 hours ago, njJoniGuy said:

Too bad American Civics is no longer part of anyone's curriculum. :mad:

https://www.foxnews.com/politics/president-trump-stresses-need-patriotic-education-schools

Quote

“The only path to unity is to rebuild a shared national identity focused on common American values and virtues of which we have plenty,” Trump said. “This includes restoring patriotic education in our nation's schools, where they are trying to change everything that we have learned.”

 

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