After viewing 4 boxes diner and reading other articles, no, I don’t believe the Viramontes case covers Mag capacity.
Yeah I strongly disagree with their assertion that a stay may be unlikely.
So does the magazine restriction revoke get us back to 15? Or, do we now get full bore 30 rounds?
So, who do we sell our 10 round mags to, NY or CA?
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Now that the 3rd Circuit ruled NJ’s AWB unconstitutional, what happens to the ‘evil features’ list? Can we finally have adjustable or folding stocks, muzzle devices, and bayonet lugs, or do we have to wait for a stay/Supreme Court appeal before changing configurations?
A more in depth analysis
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Barring a stay, since the entirety of the NJ AWB as it applies to semi-automatic rifles appears to have been overturned then the entire feature list disappears:
No semi-auto rifles restricted by name, folding stocks restrictions gone, muzzle device restrictions gone, bayonet lug restrictions gone.
I don’t advise making any changes yet though.
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You likely won’t be able to purchase anything with those features until the supreme Court decides on the AWB that they have on their docket. Reason being that they are likely to grant a stay on the NJ decision until that gets resolved. That said, once the dust finally settles, expect NJ to enact a permitting scheme for “assault weapons” similar to what they do for handguns with ridiculous fees (I’d be shocked if it’s less than $200 per “AW”). I can also see a PER MAGAZINE permitting scheme where they make you pay a sin tax for every magazine over 10 rounds. It will be death by a 1000 cuts, but we’ll take them to court over that as well.
But if a stay is denied…
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Congrats to my former Bros In Arms! Been out of NJ & in FL 6 yrs but happy to see this for you. But typical for NJ waiting to see how they try to regulate or discard this ruling.
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OK, so gluing together the bits I’ve been reading and asking AI questions about 3rd circuit procedure.
We won. But we cannot fully celebrate yet because the 3rd has not yet issued their mandate.
When will they issue their mandate? Their typical procedure is the clerk filing it one week later. That is not required though.
Can the mandate be stayed? Yes.
Typically a stay would take a few forms.
One would be a courtesy stay. Say, for example, there was a ruling that NJ had to process carry permits in 24 hours. It might come with a built in stay of the ruling for six months to allow them the courtesy of setting up the infrastructure or policy to accommodate that ruling. There’s really nothing to this ruling that would imply something like that is coming. I could not determine if something like that would be part of the ruling or the mandate.
Another would be appealing to the 3rd within that 7 day window for a stay pending appeal. for a 3 judge panel this is basically automatically granted upon being told they are petitioning for en banc. This is already en banc. Typically this might be granted if appealing to scotus and the ruling causes irreparable harm. Given the NJ outlawed and in theory eliminated AWB rifles once, and magazines of undesirable capacity twice, that’s going to be hard to argue that it would be impossible for them to do it again. It would also be hard for them to argue “but blood in the streets” without any number. The court is already kind of pissed at them for making an appeal to numbers and then not providing said numbers.
They could also appeal to SCOTUS. That goes to the emergency docket. Alito handles the emergency docket for the 3rd. SCOTUS has also taken up a ban case that was ruled AWBs are super awesome and we can do what we want by lower courts. Generally SCOTUS does not grant a stay in 2a cases. But even so, there are typically two requirements to justify a stay, and that is either some belief they will be able to prevail on appeal, or that the ruling will cause irreparable harm and they have the right to appeal. I don’t think either of them are viable in this instance given the arguments made and the ruling.
There may be other shenanigans afoot, but an outright ban on semi-auto rifles of NFA compliant configuration seems to be done for in NJ. Same for magazine capacity. I have my theories of what they might try.
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Well when you put it that way lol. I hope you’re right.
Shit. Pushed. In. Damn I am happy.
I don’t get think the third issues a stay here.
Yeah Ive officially changed my mind. I’m on team NO STAY VACAY BABY
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Got my VZ58 signed off for NICS not to long ago.My local FFL told me they got a state police letter today saying he’s good to give large cap mags and and rifles with previously banned features. Here’s my original aluminum 30rd VZ58 mag from former Czechoslovakia from today.
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Already? I doubt it… but still - hooray for you.
I WANT TO SEE THAT LETTER !
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