Excellent X/Twitter thread on the ruling (By Moros Kostas). Go read the whole thing:
So the lower court said the bans on colt ar-15 by name was unconstitutional. The 3rd en banc modified that to all semi auto rifles but affirmed the colt ar-15 bit and the general reasoning behind that part. They reversed the LCM ruling. They Remanded with regard to pistols and shorguns.
As to that last bit, their decision would make it REALLY hard for the shotgun definition to stand as is. They opined on fixed 15 round capacity, and that 10 rounds is not the threshold for unusual and dangerous if such a thing exists re mag capacity. Which would mean the 6 round limit on shotguns can’t logically stand.
That being said, I think avoiding shotguns was deliberate. Shotguns are messy AF legally speaking. In their entirety they exists as a special dispensation from the federal government from the definition of a destructive device.
I think the NJ definition of an assault pistol is in similar waters. The definition really doesn’t impact much that isn’t also categorized as a DD or SBR at the federal level, or get into the question of if suppressors are arms and protected.
So when can we start ordering standard mags?
Not certain yet. Could be right now, but I’m waiting for ANJRPC and/or Schmutter to advise.
That’s exactly what I was going to ask LOL
I think next year is going to be a great year for gun owners who are in ban states.
It will probably take a few days though for online retailers to remove their restrictions.
Another question, what’s the best way to remove a pinned muzzle brake without destroying it?
Haven’t watched yet, going to yank this down if there’s no real analysis:
I’m not an attorney but worked in LE for 20 years so take this interpretation for what it’s worth.
- The AWB as it applies to semi auto rifles and magazines is overturned. That said, there will almost certainly be an administrative stay granted pending the outcome of the AWB case that’s in front of SCOTUS. Which means you won’t be able to own or possess an “assault weapon” or “LCM” for another year or more.
- The AWB as it is applies to pistols and shotguns has been remanded to the district Court for reconsideration.
Would that be granted by the 3rd Circuit, and would it have to be in response to a request from NJ?
I see a stay mentioned in one of the concurrences, but it’s not in the main decision.
The stay would come in response to a request from the state of NJ. It could be issued by the the 3rd circuit or SCOTUS. But the request from NJ is likely already written. I’m sure they were anticipating this.
SAF’s breakdown in this thread:
calling CMP monday
There’s no LCM case that’s been granted cert. by SCOTUS, correct? If so, would that eliminate the possibility of a stay for LCM’s?
I thought that the consolidated cases did include LCMs. Regardless, NJ will ask for a stay on those as well pending appeal to SCOTUS and it will almost certainly be granted.
https://www.anjrpc.org/page/CourtStrikesDownNJAWBan
Just an announcement, no detailed analysis.
…In the coming days, ANJRPC will be releasing a detailed analysis of today’s decision by attorney Dan Schmutter.
I would say there is a VERY SMALL chance that SCOTUS could deny a stay as it pertains to the magazine issue since, as pointed out, they aren’t currently looking at a magazine case. But honestly they will probably grant it for that too.
Welp, guess that’s the next nail biter in this case. When does NJ file a motion for stay, and does it get granted?
NJ will DEFINITELY motion for a stay. They couldn’t bear the optics of not filing for one.
