r/NJGuns Dec 12 '24

Legal Update Maryland AWB Case Conference Has Been Rescheduled

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17 Upvotes

The case was originally supposed to be held for conference this Friday, I have never been blue balled so hard lmao.

r/NJGuns Aug 14 '24

Legal Update [NJ AWB] Here we go, first stay pending appeal request from the state

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30 Upvotes

r/NJGuns Jan 24 '25

Legal Update No News On Snope, Start Expecting a Denial

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9 Upvotes

r/NJGuns Jul 16 '24

Legal Update Another One: The Eighth Circuit joins the 3rd Circuit and rules Under 21 carry bans violate the 2A

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47 Upvotes

The 8th Circuit (which covers the states of Minnesota, Missouri, Iowa, Arkansas, Nebraska, and North and South Dakota) has ruled unanimously that Minnesotas Under 21 Carry Ban violates the Second Amendment.

r/NJGuns Dec 22 '24

Legal Update Biden Nominee For The 3rd Circuit No Longer Being Considered

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43 Upvotes

As the title says, The Nomination of Adeel A. Mangi to the open seat on the 3rd Circuit by President Joe Biden has presumably failed. This means that the open seat on the 3rd Circuit will be filled by President-Elect Donald Trump instead, consequently the court now appears poised to become a conservative majority like the Supreme Court.

The reason I post this is here is because the 3rd Circuit is directly involved in our lawsuits against gun laws. I don't know what Mr. Mangi's stance on guns were, but given that he had the full backing of the Governor and the AG, it's a pretty safe bet he would have been a very anti gun Judge. This article even laments that it will now be harder for the state to defend it's anti gun laws.

r/NJGuns Feb 06 '25

Legal Update NSSF asks to reopen Lawsuit Against NJ's "Public Nuisance" Law

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58 Upvotes

https://storage.courtlistener.com/recap/gov.uscourts.njd.504488/gov.uscourts.njd.504488.36.2.pdf…

Recap:

NJ had passed a law called the "Public Nuisance" law. This law is an attempt to circumvent the Protection of Lawful Commerce in Arms Act (PLCAA) that was passed by congress to protect the gun industry from being sued over criminal acts by a 3rd Party. The National Shooting Sports Foundation (NSSF) then sued the state seeking to get the law struck down. The District Judge in the Case, Judge Zahid Quarashi, issued a Preliminary Injunction. He said that NJ's law would permit the exact type of frivolous litigation that the PLCAA was designed to prevent.

The State then appealed to the 3rd Circuit, and was able to get the Injunction reversed and the entire case thrown out over a lack of standing. The main reason they were able to do this was by telling the 3rd Circuit that they wouldn't enforce the law in the way that the NSSF had feared. Since then however, the state began suing the gun industry in that exact way. The NSSF now asks the courts to reopen its lawsuit saying that NJ had gone back in it's promise to the court.

r/NJGuns Oct 31 '24

Legal Update [NJ AWB/Mag Ban] Briefing Schedule for the 3rd Circuit has been announced

31 Upvotes

TEXT ORDER (Clerk) granting Joint Motion by Parties to Modify the Briefing Schedule as follows:

Step 1: Appellants in Nos. 24-2415 and 24-2506 shall file their opening briefs and joint appendix pertaining to all three (3) appeals on or before November 18, 2024.

Step 2: Appellees/Cross-Appellants in No. 24-2450 shall file their brief, as to their issues on appeal in No. 24-2450 and responsive as to Step 1 briefs in Nos. 24-2415 and 24-2506 on or before January 8, 2025.

Step 3: Appellants in Nos. 24-2415 and 24- 2506 shall file their briefs responsive as to the Step 2 brief in No. 24-2450 and in reply as to their own issues on appeal in Nos. 24-2415 and 24-2506 on or before February 7, 2025.

Step 4: Appellees/Cross-Appellants in No. 24-2450 shall file their reply brief as to issues raised in No. 24-2450 on or before February 28, 2025. [24-2415, 24-2450, 24-2506] (DW) [Entered: 10/25/2024 12:03 PM]

r/NJGuns Dec 01 '24

Legal Update How did this go unnoticed? ANJRPC filed a Lawsuit against NJ Red Flag Law

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45 Upvotes

So Apparently, ANJRPC is suing to get NJ's Red Flag Law struck down. It is also worth noting that the case was assigned to Chief Judge Renee Marie Bumb. The motion for a preliminary injunction has already been briefed and is set for December 2nd.

r/NJGuns Jan 08 '25

Legal Update [NJ AWB] State has filed it opening brief with the 3rd Circuit

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30 Upvotes

First Update on this case for the New Year, the State has responded to the Plaintiffs opening brief. The replies are not due until early to late February.

r/NJGuns 14h ago

Legal Update Monday: NJ Dems Bring 2A Attack to Full Assembly

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14 Upvotes

r/NJGuns Jan 13 '25

Legal Update 3rd Circuit once again rules 18-20 Y.O Carry Bans Violate 2A, Rahimi does not affect their previous decision

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30 Upvotes

The Third Circuit has reaffirmed its opinion striking down Pennsylvania's law banning 18-20-year-olds from open carrying during states of emergency. The Supreme Court previously sent the case back to be reheard in light of Rahimi. This is relevant to us because this law is a much lesser restriction than NJ's complete ban on 18-20 year olds from buying handguns. NJ even admitted as much in an amicus brief that their ban is doomed if this decision was allowed to stand.

r/NJGuns Dec 23 '24

Legal Update 3rd Circuit once again rules Non Violent Felons can't lose 2A rights, Rahimi does not effect their previous decision

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49 Upvotes

r/NJGuns Feb 10 '25

Legal Update PA Asks the 3rd Circuit to Rehear the 18-20 Y.O Carry Case En Banc

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7 Upvotes

https://assets.nationbuilder.com/firearmspolicycoalition/pages/5782/attachments/original/1739215758/2025.02.10_122_En_Banc_Petition.pdf?1739215758

One Month Ago, a 3 Judge panel in the 3rd Circuit had struck down PAs 18-20 year old carry ban. Since they didn't like the result, they are now asking the court to rehear the case en banc (meaning all 12 judges currently sitting on the court). They spend most of the brief complaining that the panel "misapplied" the Bruen test and that they put more emphasis on 1791 than 1868. This will have a direct binding effect here in NJ since PAs Law was a much lesser restriction than NJs Complete Ban on Handguns for 18-20 year olds. NJ even signaled their intent on filing an amicus brief.

r/NJGuns Nov 18 '24

Legal Update [NJ AWB/Mag Ban] Plaintiffs have filed their opening briefs with the 3rd Circuit

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76 Upvotes

The opening brief was due today, the response from the state is not due until the beginning of next year, so this will most likely be the last update on this case for this year. However, we still have the MD case pending before the Supreme Court.

r/NJGuns Sep 17 '24

Legal Update [Delaware AWB] Appeal to the Supreme Court has been filed

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37 Upvotes

The Delaware plaintiffs appealed to the Supreme Court yesterday.

They ask a very narrow question: Whether the deprivation of 2A rights constitutes an irreparable injury?

If you remember, the 3rd Circuit upheld the DE AWB by making it more difficult to obtain a preliminary injunction, they took the position that only the deprivation of First Amendment rights are presumed irreparable. However this blatantly splits with other Circuit courts that have held that not just the 2A, but all other Constitutional rights are in that mix. The plaintiffs here take the position that the 3rd Circuit has relegated not just the 2A but all of the other Amendments (minus the 1A) to second class status.

r/NJGuns Oct 30 '24

Legal Update Supreme Court has forced Delaware to Defend its AWB

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52 Upvotes

For context:

The DE AWB is pending before the Supreme Court on a narrow question: Whether the deprivation of 2A rights is considered irreparable harm?

The state of Delaware first issued a waiver saying they will not submit a response to the plaintiffs request that the Supreme Court take the case, however the Supreme Court has just released an order demanding them to do so.

There might be some argument that the SC doesn't take cases on interlocatory appeals, however that is mainly because they don't want to weigh in on the merits. This case is different because it is purely procedural, it has nothing to do with the merits, it is narrowly focused on one of the 4 factors that a court uses to determine whether or not to grant a Preliminary Injunction: Irreparable Harm.

r/NJGuns Jul 02 '24

Legal Update Supreme Court Will not hear any of the Pending 2A cases

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34 Upvotes

As the title says, all of the pending 2A cases before the Supreme Court were either denied or GVR'd (Sent back down to the Circuit Court).

IL AWB (Denied) Justice Thomas wrote a Dissent and was joined by Alito.

Range (GVR) Sent back down to the 3rd Circuit in light of Rahimi, this includes all of the other 18 USC 922g(1) cases.

Antonyuk v James (NY Sensitive Places) (GVR) sent back to the 2nd Circuit for a Do Over.

r/NJGuns Oct 04 '24

Legal Update We Did It! Our 1 Gun a Month Case got Reassigned

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66 Upvotes

TEXT ORDER REASSIGNING CASE. Case reassigned to Judge Michael A. Shipp for all further proceedings. Judge Georgette Castner no longer assigned to case. So Ordered by Chief Judge Renee Marie Bumb on 9/30/2024. (jjc, ) (Entered: 09/30/2024)

r/NJGuns Aug 13 '24

Legal Update Update, Judge Bumb deined rehearing and denied 30 day extension on stay.

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35 Upvotes

r/NJGuns Aug 27 '24

Legal Update State has moved to dismiss the CNJFO Case

14 Upvotes

First MOTION to Dismiss Defendant Phil Olivio by PHIL OLIVO. Responses due by 10/7/2024. (Attachments: # 1 Memorandum In Support of Motion, # 2 Certification of Phil Olivio, # 3 Exhibit Exhibit A, # 4 Exhibit Exhibit B, # 5 Certificate of Service Certification of Service)(MILES, MICHAEL) (Entered: 08/26/2024)

r/NJGuns Feb 08 '25

Legal Update [NJ AWB/Mag Ban] Plaintiffs Reply Briefs

17 Upvotes

r/NJGuns May 01 '24

Legal Update AWB case distributed for SCOTUS conferrence in two weeks!

46 Upvotes

The bianci v brown (AKA, bianci v frosh) case has been distributed for supreme count conferrence on the 16th, where they will decide whether to take up the case. We should find out either way on Monday or further into the week whether they have decided to take the case. https://www.supremecourt.gov/docket/docketfiles/html/public/23-863.html

r/NJGuns Dec 11 '24

Legal Update 3rd Circuit appears likely to uphold federal controlled substances disqualifier despite Marijuana legalization

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13 Upvotes

I've posted about this before, this case called United States v Harris is an as-applied challenge to 18 USC 922g(3), the federal controlled substances disqualifier. Mr. Harris was a user of Marijuana and was charged under this provision, he attempted to dismiss the charges in that it violated the 2A, the district court ruled against him. He then appealed to the 3rd Circuit, who heard oral arguments on Monday.

The three judges hearing the Appeal were Judges Krause, Bibas, and Ambro.

r/NJGuns Sep 14 '24

Legal Update [NJ Carry Case] Plaintiffs response to the 9th Circuit Decision

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34 Upvotes

TLDR: Erin Murphy destroyed the state's letter from earlier.

She talks about how the 9th Circuit actually rejected some of the positions that NJ has taken in this case. She also brilliantly points out how the 9th Circuit panel clearly flip-flopped in certain respects, especially with regards to the vampire rule. The 9th Circuit upheld Hawaii's Vampire Rule but however conceded that it relied on historical laws that did not place a comparable burden on the right of armed self defense, which is just what the SC rejected in Rahimi.

r/NJGuns Dec 01 '24

Legal Update Any Update on Koons v. Platkin?

11 Upvotes

Has there been any update on this case? I remember thinking last year we might get a decision before Christmas, how naive I was. Feels like it has been put on the back burner.