The Third Circuit’s decision on New Jersey’s 10-round magazine ban could come any day. Some are pointing to July 8.
To be clear: courts do not owe anyone a ruling by a date. Estimates are estimates.
What’s actually true today: the ban is in full effect. Possession over 10 rounds is a fourth-degree crime.
When the ruling drops, read the holding before the headlines.
ICYMI: SCOTUS grant certiorari in Viramontes v. Cook County, meaning they will hear this case.
They are going to finally answer the “semi-auto” question!
We’re gonna keep fuckin winning all the way to the bank.
@MorosKostas It’s all I’ve been thinking about all day. Really upsetting. Wish people took the 5 min required to truly understand just the basics. Would make arguments so much easier.
FPC LEGAL UPDATE: We just filed a new lawsuit challenging Denver's "assault weapon" ban along with both Denver and Colorado's magazine bans. You can learn more here: https://t.co/fnjzdjxmtJ
@2AFDN Five years from filing to cert. Most people only see the headline.
Thanks to SAF and everyone who kept this moving when stopping would have been easier.
@RedSand831@gunpolicy Of course, like I said they probably have bills lined up ready to go if this results in a favorable ruling for us…
If not, they have most likely a year to do so anyway.
Fair pushback, and you are right on the mechanics.
A favorable ruling repeals nothing. The statute stays on the books until a court enjoins it. CA, NJ, and NY will have replacement bills ready the same week.
They ran that exact play after Bruen with sensitive-places laws.
The work is in the word foundation. It means the premise the bans rest on, not the statute itself: the claim that these rifles are not protected arms in common use. Viramontes goes at that premise directly.
So the laws survive the ruling. The next round just gets litigated from a worse position. The state stops arguing these are not arms and starts arguing it can regulate the arms it just lost the fight to exclude.
Registration is the retreat, not the counter. You do not build the second wall unless the first one is gone.
FINALLY! The AR-15 ban(s) are headed to the Supreme Court. The smart money appears to be on SCOTUS overturning those bans (and any others). This is for the next term. Here's hoping for a world-class, epic, smackdown of unconstitutional gun bans.
🚨 BREAKING: The U.S. Supreme Court has agreed to take up challenges to so-called "Assault Weapons" bans in Cook County, Illinois and Connecticut!
The result of these cases could finally put an end to erroneous bans on commonly owned firearms across all 50 states.
BREAKING: The Supreme Court took one question today: whether the Second Amendment guarantees the right to possess AR-15-platform and similar semi-automatic rifles.
The case is out of Cook County, Illinois, consolidated with Connecticut. The answer will not stay in either.
Ten states ban these rifles. California, New York, New Jersey, Maryland, Massachusetts, Illinois, Connecticut, Washington, Hawaii, Delaware.
Every one of those bans rests on the same premise: that these rifles are not arms the Second Amendment protects.
That is the exact premise the Court just agreed to test.
If the answer is common use, every feature-test ban in the country is built on a foundation that no longer holds.
I live in one of those ten. So do a lot of you.
Nothing got struck down today. A cert grant is a date on a calendar, not a verdict.
But the question they took is the entire ballgame.
Stay tuned…
The federal suit is built to lose.
FPC concedes in the complaint that Bianchi forecloses the relief. EDVA is bound by the Fourth Circuit, which upheld Maryland’s ban en banc. SCOTUS already passed on it.
This is a cert vehicle, not a win. Near-term relief for Virginia owners is in the state suits.
@NRA@jcommerford@aarmark Order list is out and the magazine cases still aren’t on it. Around nineteen relists now. No grant, no denial. If they don’t move before recess, this carries to the September long conference.
The Supreme Court released its order list this morning.
The AR-15 and magazine cases were not on it.
Not granted. Not denied. Passed over again.
Anyone who told you today was the day was guessing.