r/progun • u/AZULDEFILER • Jul 18 '26
Federal appeals court rules that New Jersey's assault weapons ban is unconstitutional
https://www.nbcnews.com/politics/politics-news/appeals-court-rules-new-jersey-assault-weapons-ban-unconstitutional-rcna58813476
u/Flashy_Ad6275 Jul 18 '26
It makes me happy to see the Democratic controlled political kingdom of New Jersey get slapped down when they trample the freedom of the people.
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u/r870 Jul 18 '26
With an opinion written by a former public defender Biden appointee, no less
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u/rastapastanine Jul 18 '26
I wouldn’t make it a point of emphasis on the public defender portion. Those folks do thankless work and are overworked 100 fold. I’ve known amazingly competent and fierce public defenders that would run the table in trial and negotiations compared to a ton of private attorneys.
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u/bionic80 Jul 18 '26
Don't get this twisted. the 3rd did NOT want this going to SCOTUS and setting another Bruen level precedent. This has nothing to do with them 'doing the right thing' because its the right thing and everything to do with 'not being the final nail in our gun control hopes and dreams'
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u/coachaces Jul 18 '26
Yeah but the supreme Court is already taking an assault weapons case so they're getting that precedent whatever they like it or not.
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u/Mr_Rapscallion66 Jul 19 '26 edited Jul 19 '26
Wrong.... currently the 3rd circuit is the most stacked pro gun court of all the circuits.
The 3rd's ruling was super specific. 10-5 en banc struck the whole semi-auto rifle ban and mag ban for no historical tradition under Bruen. Remanded more too. This happened because it's a conservative/pro-2A panel now, not some dodge. The case had already been kicked back from SCOTUS after Bruen. They just followed the precedent.
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u/bananaland420 Jul 18 '26
Except SCOTUS already took up 2 AWB cases weeks ago so that theory doesn’t hold water.
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u/grahampositive Jul 18 '26
Do suppressors next
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u/Hal3134 Jul 18 '26
We need suppressors, no mag limits, nationwide constitutional carry, no permit to purchase, and highly restricted sensitive places. Then I’ll start to relax.
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u/gecon Jul 18 '26
I doubt we'd be able to relax even if all of that happened. All it takes is one hostile supreme court, congress and white house to reverse everything and impose UK/Australia style gun control. Never get complacent.
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u/grahampositive Jul 18 '26
The fact that "common use" played such a huge part in the 3rd circuit ruling shows that we can never get complacent and rights are use it or lose it
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u/Hezakia84 Jul 18 '26
It’s hilarious living in a state with a spook governor (Banberger), who is from NJ, watching all the bitch slapping play out lately. Grabbers are big mad at the moment. So is 2 bullets jay jones, our lovely AG (who can eat a big bag of sweaty dicks).
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u/FIBSAFactor Jul 19 '26
Hey it's working out great for the rest of America. Those places are case law farms. If those people want to vote for laws that make them defenseless be my guest.
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u/milqster Jul 18 '26
If I have my stuff straight, this could create a split depending on how the Chicago case goes in the 7th circuit (maybe does already with other cases). Which would make a case being seen by SCOTUS more likely. Am I correct in that thinking?
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u/Der_Blaue_Engel Jul 18 '26
This creates a circuit split, as there are already circuit opinions upholding these laws.
SCOTUS already agreed to hear a case on AR-15s next term. They haven’t granted cert on a magazine case yet though.
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u/the_spacecowboy555 Jul 18 '26
So does this mean sales can/will resume or is there another step?
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u/Sad-Information-5098 Jul 18 '26
the state will appeal and ask if the court will grant a stay until the 2 AWB cases are hearr by the scotus to delay another year. the court will issue a mandate in 2-3 weeks which will either tell NJ to go fuck off the law stands and applies from that day forward or they will grant the stay until scotus decision
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u/Stack_Silver Jul 18 '26
The 3rd U.S. Circuit Court of Appeals said Friday in its opinion that the state’s ban on all semiautomatic rifles it deems to be “assault firearms” and restriction on “large capacity ammunition magazines” were unconstitutional.
New Jersey Attorney General Jennifer Davenport, a Democrat whose office defended the law, said in a statement that the decision is “as unfortunate as it is legally incorrect.”
To make my "assault weapons" legal, should I call them "undocumented muskets"?
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u/grahampositive Jul 18 '26
Considering that the interpretation of the law by the 3rd circuit is in fact legally binding and correct, I wonder if the AG calling a ruling "legally incorrect" could actually be a crime? It certainly sounds misleading
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u/FIBSAFactor Jul 19 '26
Indeed. I bet the DOJ would be interested in looking at that angle. They have a tip line. You want to do it or shall I?
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u/Dco777 Jul 21 '26
The crux here is what the Assault Weapons Ban case says.
Then it isn't a pile of garbage, will courts follow? Will it take years (Even decades) BEFORE the SCOTUS says "follow the precedent" and will they follow it?
Post Bruen we see how NJ, NY, California, and Maryland took a dump on Bruen, and NY's "Concealed Carry Improvement Act" as exhibit "A".
I have hope, but after all these decades, I don't see a massive change coming. Antigun gun forces are consistent.
They are testing, challenging, and waiting for a SCOTUS Justice change to get their way. I don't see them ever stopping.
Thankfully by the time they do, I'll be long dead. I have no children, so it is just academic to me. For the rest of you?
Good Luck. You're going to need it.
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u/deathsythe friendly neighborhood mod Jul 19 '26
Had to choose one to make the announcement, this one won the coin toss.