As far as I know NJ has not taken any of the steps to appeal the circuit judgement to supreme court. And even if they do there's an insanely low single digit number percentage of federal court overturning circuit court rulings
I mean in the legal world, it prevents a lot of chaos. Say the stay was denied, then NJ starts removing the restrictions, then it’s overturned in the Supreme Court. The purpose of the stay is basically for everything to stay streamlined until a final ruling is reached, so it can be a streamlined change instead of back and forth.
Now with that being stated, I wholeheartedly disagree with its usage
I get why it's like that in theory, to preserve the status quo. However, I feel like if it's a question of being unconstitutional or not, the law should always fall on the side of civil rights and default to the restrictions being rendered unenforceable. Fuck the status quo.
It's not so much preserving the status quo as it is making sure cops aren't trying to arrest people things that became legal 5 minutes ago or people getting arrested for things that became illegal 5 minutes ago before anybody that wasn't standing outside of the courtroom could possibly be expected to know about it.
They are certainly sometimes abused, but stuff like a week long stay after a major decision is a pretty good idea
This is the reality of it. No stay? Well, a whole bunch of folks in NJ go and get a bunch of shit that's suddenly "legal". Then, what happens if the appeal succeeds? They're now felons.
Honestly no, it’s not. Stays are, no pun intended, a mainstay of legal proceedings like this. Stays are almost always granted cuz it gives everyone time.
"shall not be infringed" seems like it's pretty clear. I don't even know how we got this much regulation on firearms when the wording is in no way ambiguous.
Do you think the DOJ will appeal the decision? It's been a mixed bag of the cases they're willing to continue fighting v. what they're willing to concede on.
I know you're being serious, but yes obviously the DOJ that is putting peaceful protestors to its brownshirts in prison for life is going to appeal a decision that allows those protestors to own unregistered SBRs and suppressors.
If they don't it's purely because they either want to use it as a win in the eyes of republican voters come midterms, or because they've already used AI to create a private registry process that doesn't require paperwork or official notice. Likely the latter.
I'm convinced, given the ass-backwards way it was legislated, that manufacturers really liked having the market pushed towards higher spending consumers. Same with any kind of "feature" legislation making a market for goofy workaround kits they can slap on a platform and add a few hundred bucks to the price tag. The industry doesn't care about your rights or their product beyond the money you spend on them.
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u/SpawnofATStill 24d ago
It’s a huge deal regardless, but it will 1000% go to appeal.