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National 2nd Amend. Political & Legal Discussion Discuss national gun rights and 2A related political topics here. All advice given is NOT legal counsel.

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  #1  
Old 09-01-2020, 10:20 PM
BryMan92 BryMan92 is offline
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Default 3rd Circuit Appeals - Upheld LCM Ban (New Jersey)

Per Reason:

https://reason.com/2020/09/01/3rd-ci...e-bans-are-ok/

In doing so, the 3rd Circuit panel concluded the ban:
Quote:
...does not burden the core Second Amendment guarantee, for five reasons: (1) it does not categorically ban a class of firearms but is rather a ban on a subset of magazines; (2) it is not a prohibition of a class of arms overwhelmingly chosen by Americans for self-defense in the home; (3) it does not disarm or substantially affect Americans' ability to defend themselves; (4) New Jersey residents can still possess and use magazines, just with fewer rounds; and (5) "it cannot be the case that possession of a firearm in the home for self-defense is a protected form of possession under all circumstances. By this rationale, any type of firearm possessed in the home would be protected merely because it could be used for self-defense.
Seem this case is more about precedent than on the 2A:
Quote:
On remand, the District Court ruled on summary judgment that it was bound by that earlier decision and so upheld the constitutionality of the Act. The plaintiffs have now appealed again, arguing that the District Court erred in treating the prior panel’s opinion as binding and arguing again that the Act is unconstitutional. Because they are wrong on the first point, we do not reach the second. We will affirm.
Judges:
JORDAN: GWB
MATEY: Trump (dissent)
ROTH: GHWB

Last edited by BryMan92; 09-01-2020 at 10:28 PM..
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  #2  
Old 09-01-2020, 10:23 PM
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Damn RINOs.
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  #3  
Old 09-02-2020, 12:32 AM
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Damn RINOs.
Totally agree!
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  #4  
Old 09-02-2020, 12:32 AM
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So if the 9th rules in our favor, does that make a circuit split?
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  #5  
Old 09-02-2020, 1:57 AM
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The 9th is the outlier ATM.
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  #6  
Old 09-02-2020, 5:57 AM
69ELKY 69ELKY is offline
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Originally Posted by 9Cal_OC View Post
Damn RINOs.
They must be on Ghislaine's list of people that visited pedo island.
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  #7  
Old 09-02-2020, 9:08 AM
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So if the 9th rules in our favor, does that make a circuit split?
Not for a long.
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  #8  
Old 09-02-2020, 9:09 AM
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Originally Posted by BryMan92 View Post
The 9th is the outlier ATM.
Give it another couple months before en banc suspends panel decision. And tosses it out a year later.

Unless Trump wins magazine bans are here to stay.
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  #9  
Old 09-02-2020, 2:36 PM
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Give it another couple months before en banc suspends panel decision. And tosses it out a year later.

Unless Trump wins magazine bans are here to stay.
I tend to agree with your opinion on various matters lately.

Last edited by riderr; 09-02-2020 at 2:45 PM..
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  #10  
Old 09-02-2020, 2:45 PM
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So if the 9th rules in our favor, does that make a circuit split?
I really don't know what they have to smoke in order to rule it out in our favor. I doubt such drug even exists.
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  #11  
Old 09-02-2020, 3:56 PM
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I really don't know what they have to smoke in order to rule it out in our favor. I doubt such drug even exists.
When I was 18, I got a big hit of "Freedom".
Then when I was 21, another, and I wanted more and more.
Now: "The government that governs best governs least"
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  #12  
Old 09-02-2020, 5:11 PM
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I really don't know what they have to smoke in order to rule it out in our favor. I doubt such drug even exists.
Carbon monoxide would be good for the left leaning ones.
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  #13  
Old 09-02-2020, 7:53 PM
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What does self defense in the home have to do with the security of a free state?
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  #14  
Old 09-15-2020, 7:55 AM
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who was worse for America? Bushs, Clintons or Obamas?
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  #15  
Old 09-15-2020, 8:05 AM
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Originally Posted by Epaphroditus View Post
What does self defense in the home have to do with the security of a free state?

Didn't you learn ANYTHING from your gummint-provided ejumacayshun?!



"YOU'RE" not supposed to "defend anything" - that's nanny-state's job.

Unless you're defending the "status quo"...
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  #16  
Old 09-15-2020, 8:14 AM
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Originally Posted by Mithrandir13 View Post
who was worse for America? Bushs, Clintons or Obamas?
Not much difference. Here we have another circuit court decision that Roberts will ignore like the rest.

Someday the SCOTUS will have to deal with dozens of bad gun laws.
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  #17  
Old 09-15-2020, 10:17 AM
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Not much difference. Here we have another circuit court decision that Roberts will ignore like the rest.

Someday the SCOTUS will have to deal with dozens of bad gun laws.
How do you figure? They simply choose not to deal with bad gun laws by electing to not hear cases. History proves me right. TEN cases they could have heard very recently, but NOT A SINGLE ONE did they deal with.
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Old 09-15-2020, 12:12 PM
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Quote:
Originally Posted by Mithrandir13 View Post
who was worse for America? Bushs, Clintons or Obamas?
Well, here's the Scotus metric:

Roberts GW Bush
Thomas GHW Bush
Ginsburg - Clinton
Breyer - Clinton
Alito GW Bush
Sotomayor - Obama
Kagan - Obama
Gorsuch - Trump
Kavanaugh - Trump

Considering we got Heller and McDonald from Roberts, Thomas and Alito, I'd say the Bush family did rather well, at least until Roberts got tired of 2A cases.
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  #19  
Old 09-15-2020, 12:38 PM
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Originally Posted by Mithrandir13 View Post
who was worse for America? Bushs, Clintons or Obamas?

Well, you are talking about the political class with any of 'em, and they're ALL variations of the black plague constitutionally speaking, It's simply a matter of degree.

Vote for what you know offers the least crap and the most freedom.....at the moment it just happens to be Trump.
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  #20  
Old 09-15-2020, 12:42 PM
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Originally Posted by lastinline View Post
How do you figure? They simply choose not to deal with bad gun laws by electing to not hear cases. History proves me right. TEN cases they could have heard very recently, but NOT A SINGLE ONE did they deal with.

And the reason they failed to pick up any meaningful case is simply that the Constitutionally correct members KNOW they have an unstable horse that will falter at the critical time.............better to wait for that good shot, than throw noise in the wind and establish really bad precedent!
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  #21  
Old 09-15-2020, 2:23 PM
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As Dylan said: And the times they are a changing. Not sure yet which way the wind blows, but come Nov. I hope it blows our way.
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Old 09-16-2020, 6:00 AM
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Judges:
JORDAN: GWB
MATEY: Trump (dissent)
ROTH: GHWB
As the years go by, it becomes more evident that both Bushes made horrible decisions, were RINOs to the core. I can't even imagine a Jeb Bush presidency after Trump's first term. And there are rocket scientists in this forum that wanted a "proper" Republican like Jeb instead of Trump .
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  #23  
Old 09-16-2020, 6:55 AM
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As the years go by, it becomes more evident that both Bushes made horrible decisions, were RINOs to the core. I can't even imagine a Jeb Bush presidency after Trump's first term. And there are rocket scientists in this forum that wanted a "proper" Republican like Jeb instead of Trump .
It's not entirely their fault .. The Senators from these states used blue slips to cultivate judges that match their ideology. Only once in a while they would get one past that was conservative.
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  #24  
Old 09-16-2020, 8:20 AM
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Originally Posted by homelessdude View Post
As Dylan said: And the times they are a changing. Not sure yet which way the wind blows, but come Nov. I hope it blows our way.
"You don't need a weatherman to know where the wind blows".
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  #25  
Old 09-16-2020, 9:43 AM
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Unless Trump wins magazine bans are here to stay.
That's right. I hope everyone understands that. You can argue legalese all day long and if Biden wins none of it will make any difference.
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  #26  
Old 09-16-2020, 8:40 PM
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PETITION FOR REHEARING EN BANC
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  #27  
Old 09-16-2020, 11:02 PM
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Seems utterly hopeless.

The 3rd is 6 to 8, so we should win, but thanks to RINO, at least two of ours are against us. I'm not sure what the en banc request is for? Did they want to delay for some reason? Maybe delay until RBG retires?
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"And the kids used to come up and reach in the pool and rub my leg down, so it was straight, then watch the hair come back up again. Theyd look at it. So I learned about roaches, I learned about kids jumping on my lap... And Ive loved kids jumping on my lap.
"Poor kids are just as bright and just as talented as white kids.
"Unlike the African American community, with notable exceptions, the Latino community is an incredibly diverse community."
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Old 09-17-2020, 7:14 PM
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It's possible that Jordan and/or Roth were actually just pulling the same stunt Kavanaugh pulled in NYSRPA, and may vote for en banc. I won't hold my breath, but I have to hold on to some hope.

It's really quite interesting how Democrat-appointed judges virtually never waver from their results-driven judicial philosophy. That's how we already know we'll lose Young v. Hawaii.
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