JohnnyB 4,325 Posted September 1, 2020 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. <click here for the online version of this alert> Quote Share this post Link to post Share on other sites
always_an_eagle 165 Posted September 1, 2020 Well s@#$ Quote Share this post Link to post Share on other sites
Sniper 6,372 Posted September 1, 2020 Not to worry, those 2 new conservative judges on the SCOTUS will save us.... (so I'm told....) https://www.cnbc.com/2020/06/15/supreme-court-will-not-hear-gun-cases-blow-to-2nd-amendment-backers.html Oh, wait.... Quote Share this post Link to post Share on other sites
voyager9 3,434 Posted September 1, 2020 Not surprised. That’s kind of how the oral arguments went. There was a lot of focus on the decision of the panel for the injunction and being bound to that decision. That makes no sense to me, but.... Quote Share this post Link to post Share on other sites
brucin 923 Posted September 2, 2020 Stevie Wonder saw that one coming. 2 Quote Share this post Link to post Share on other sites
JohnnyB 4,325 Posted September 2, 2020 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! Quote Share this post Link to post Share on other sites
YankeeSC 1,204 Posted September 2, 2020 Keep your fingers crossed!!! Quote Share this post Link to post Share on other sites
Rob0115 1,105 Posted September 4, 2020 Is there a specific place to donate for this one or just send some money to ANJRPC? Quote Share this post Link to post Share on other sites
JohnnyB 4,325 Posted September 5, 2020 14 hours ago, Rob0115 said: Is there a specific place to donate for this one or just send some money to ANJRPC? ANJRPC 1 Quote Share this post Link to post Share on other sites
Shepherd9 215 Posted September 9, 2020 On 9/5/2020 at 6:24 PM, diamondd817 said: Yup, pretty much exactly this. Every... f***ing... time... Quote Share this post Link to post Share on other sites
Danno 127 Posted September 9, 2020 On 9/1/2020 at 10:21 PM, JohnnyB said: 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! And when will this be? Quote Share this post Link to post Share on other sites
JohnnyB 4,325 Posted September 9, 2020 November 4th 2020! Quote Share this post Link to post Share on other sites
Rob0115 1,105 Posted September 9, 2020 13 hours ago, JohnnyB said: November 4th 2020! Yes, vote early and vote often. 1 Quote Share this post Link to post Share on other sites
JohnnyB 4,325 Posted September 9, 2020 3 hours ago, Rob0115 said: Yes, vote early and vote often. Pass the word on that due to Covid-19, Republicans will be able to vote on November 3rd and Democrats on the 4th. 2 Quote Share this post Link to post Share on other sites
Sniper 6,372 Posted September 9, 2020 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! 1 Quote Share this post Link to post Share on other sites
Gabesdad 24 Posted September 20, 2020 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. Quote Share this post Link to post Share on other sites
always_an_eagle 165 Posted September 20, 2020 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. 1 Quote Share this post Link to post Share on other sites
JohnnyB 4,325 Posted September 20, 2020 1 hour ago, always_an_eagle said: We need more conservative Supreme Court Judges to rule in our favor. Ruth just gave us that conservative justice! Be thankful! 1 1 Quote Share this post Link to post Share on other sites
diamondd817 827 Posted September 20, 2020 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. Quote Share this post Link to post Share on other sites
M1152 713 Posted September 23, 2020 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 1 Quote Share this post Link to post Share on other sites
10X 3,296 Posted September 23, 2020 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. 2 Quote Share this post Link to post Share on other sites
njJoniGuy 2,131 Posted September 24, 2020 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. 2 Quote Share this post Link to post Share on other sites
YankeeSC 1,204 Posted September 24, 2020 8 hours ago, njJoniGuy said: Too bad American Civics is no longer part of anyone's curriculum. 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.” 1 Quote Share this post Link to post Share on other sites
Rob0115 1,105 Posted September 25, 2020 On 9/23/2020 at 11:36 PM, njJoniGuy said: Too bad American Civics is no longer part of anyone's curriculum. https://thedreyfussinitiative.org/ Quote Share this post Link to post Share on other sites