NJ AWB and Mag ban - STAY granted! (Page 11 of 11)
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Originally Posted By Demeroma: Stay granted - Mandate held. https://storage.courtlistener.com/recap/gov.uscourts.ca3.123103/gov.uscourts.ca3.123103.129.0.pdf Dragging it out another year I hate this God forsaken state! 
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This was posted on another forum: Simply put, the stay means the 3rd circuit has put on hold issuance of the mandate that it was to issue the district court, which would have compelled the district to issue a final order and permanent injunction on the portions of law found unconstitutional. Why? The courts favor status quo. With NJ now looking to appeal to the Supreme Court, the 3rd keeps status quo while that appeal (petition for writ of certiorari) is prepared and deliberated by the Supreme Court. How long? NJ has 90 days from the issuance of judgement (July 17th) to petition SCOTUS for cert. If after the 90 days NJ fails to petition, the stay ends. Once NJ does petition for cert, the stay remains in effect until SCOTUS decides if they will grant or deny. If denied, the stay ends. If SCOTUS grants cert, as in decides to hear the case, the stay remains in effect through the proceedings until SCOTUS decides the outcome. What does this mean for the ban? NJ is likely to use as much time afforded to it to apply for cert. This will stretch the duration it can enforce its law. Once the petition is submit, SCOTUS will decide if they will take the case or not. They may even hold the case pending the outcome of Viramontes, the AWB case to be heard this coming term. That means the earliest we are likely to see any movement is 90 days from the opinion, which will be October 15th 2026. The latest we are likely to see action is with the eventual ruling on Viramontes, expected to be late June/Early July 2027. Timeframe: It is reasonable to assume that our timeframe is to be October 15 2026-Early July 2027 where we may finally get relief. This assumes SCOTUS is to rule in our favor in Viramontes. Another option is possible, and that is where Viramontes is decided in 2027, and our case is GVR'd, or Granted, Vacated, Remanded. Which means in light of the decision that comes from Viramontes, SCOTUS then vacates the decision made in Cheeseman/ANJRPC, and has the 3rd circuit essentially redo it based on their opinion in the related case. That would add additional time. Best case? The best case scenario now is the state submits its petition for cert, and SCOTUS denies cert in the near term. Not only would this allow our mandate to issue, it also signals SCOTUS intentions with regards to Viramontes. |
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so the court strikes down an unconstitutional law ? then says its ok to keep it. thats absolute fuckin corruption. why not we get the mandate we won ? and NJ gets to wait it out ? everyone is thinking SCOTUS is going to come thru hard for all gun owners and it may not go that way. |
 Well, the third circuit has sided with the state of New Jersey and granted a stay on Mags! |
 BREAKING NEWS! FEDERAL APPEALS COURT ISSUES MAJOR AR-15 AND MAGAZINE DECISION! |
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Yes. I wasn't following the case, so last I heard or read back when is what I referring to - I appreciate the clarification and correction. |
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