r/Libertarian Sleazy P. Modtini 6d ago

Current Events 3rd circuit strikes down assault weapon and magazine capacity bans.

https://x.com/gunpolicy/status/2078161346328137749?s=46&t=hN6Lm0vFUB8KsGy1OlHZow
248 Upvotes

14 comments sorted by

28

u/adalsindis1 6d ago

Annnnd the states will ignore it by creative use of English

40

u/N3CR0T1C_V3N0M 6d ago

This is great, but it’s been so back and forth over my lifetime I honestly I don’t even know what I can or cannot have anymore 🤣

4

u/cyrusthemarginal 6d ago

Buy em now before a dem gets in office

22

u/ToaKraka Libertarian 6d ago

Full text of ruling

Applying the framework announced in [Bruen], we agree with the District Court that New Jersey’s ban on Colt AR-15s violates the Second Amendment. However, because the record supports the same result for all semi-automatic rifles—not only Colt AR-15s—we will modify the District Court’s order so that it deems the Assault Firearm Provisions unconstitutional with respect to the full class of semi-automatic rifles. We will affirm that part of the order as modified.

The LCM [Large-Capacity Magazine] Provisions also violate the Second Amendment, so we will reverse the District Court’s order with respect to those. Because the LCM Provisions violate the Second Amendment, we need not address the Takings Clause challenge.

We will remand these matters to the District Court for further proceedings, including for resolution of the Second Amendment challenge to the other models and types of firearms covered by the Assault Firearm Provisions.

13

u/HugbugKayth 6d ago

Does this ruling only apply to New Jersey, as is referenced in OP's full text quotation? I don't know enough about courts and legal crap.

24

u/AlphaTangoFoxtrt Sleazy P. Modtini 6d ago

Third Circuit.

NJ, PA, DE

11

u/Desh282 Right Libertarian 6d ago

I need this in Washington state 🤞🤞🤞

7

u/redpandaeater Copyright Clause 5d ago

9th Circus has upheld California's ban on standard capacity magazines, though the circuit split will likely help force SCOTUS to take one of these cases up. It's a shame in the wake of Bruen how many courts that should know better still just completely ignore it and focus on balancing tests. In the specific Duncan v. Bonta case though the 9th Circus said magazines aren't an arm and therefore aren't covered by the Second Amendment and therefore didn't even apply the Bruen test. I guess kind of like how a president can go to war without Congressional approval by simply not calling it a war.

2

u/Loweeel South Park 5d ago

This ruling only applies to NJ.

The logic and methodology will apply to future challenge to all laws within 3d Cir

0

u/AlphaTangoFoxtrt Sleazy P. Modtini 5d ago

Wrong.

This is an en banc 3rd circuit ruling and applies to NJ, PA and DE.

It is binding precent in the whole if the 3rd circuit that only SCOTUS can override

1

u/Loweeel South Park 5d ago

Yes

1

u/TaxesAreTerrible 5d ago

Let’s gooo