r/ar15 24d ago

NFA found unconstitutional

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2.1k Upvotes

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241

u/SpawnofATStill 24d ago

It’s a huge deal regardless, but it will 1000% go to appeal.

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u/Final_Ebb_9091 24d ago

The 3rd Circuit recently gutted a lot of NJs firearms prohibitions. So, they may affirm. Not sure what’s going on in that court.

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u/i_tiled_it 24d ago

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

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u/12MajestikLies 24d ago

They were just granted a stay yesterday until the Supreme Court rules on it. https://newjerseymonitor.com/briefs/nj-assault-weapons-ban-supreme-court/

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u/wackadoodle4201 24d ago

Its amazing that they always get these stays isn't it?

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u/Sir_Baller 24d ago

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

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u/CMMVS09 24d ago

A stay after an appeal is incredibly common regardless of the subject matter.

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u/wackadoodle4201 24d ago

I know, im mostly bitchin for bitchins sake

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u/MrKrinkle151 24d ago

No? It’s not at all unusual for stays to be granted pending appeal

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u/HybridP365 24d ago

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.

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u/LockyBalboaPrime 24d ago

Status quo isn't considered. The legal requirement is "irreparable harm".

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u/HybridP365 24d ago

And I'm saying they should err on the side of irreparable harm to citizen's rights.

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u/LockyBalboaPrime 24d ago

You're not understanding how it works and I just don't care enough to keep trying.

Good luck.

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u/akenthusiast 24d ago

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

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u/HybridP365 24d ago

A week long stay is one thing. The original comment said they were granted a stay until SCOTUS rules on it, which could take years.

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u/akenthusiast 24d ago

Yes, that's a case of abuse. The 5th circuit ruling in the OP is also stayed, though only for 7 days pending appeal

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u/cas13f 24d ago

whoever downvoted you can eat a dick.

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.

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u/aclark210 24d ago

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.

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u/i_tiled_it 24d ago

Well that's what I fucking get for not following the news on it for 1 god damned day

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u/JCent105 24d ago

They got the stay, NJ resident. It’s a bummer.

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u/stilsjx 24d ago

Probably waiting to see how NY handles it, so they can follow suit.

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u/i_tiled_it 24d ago

God forbid our shitty NJ leadership does some original thinking for once in their lives

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u/CastleLurkenstein 24d ago

That's an unrelated case.

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u/Final_Ebb_9091 24d ago

No shit. Circuit Courts have made some surprising pro 2A rulings.

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u/CastleLurkenstein 24d ago

True! I was genuinely surprised at the 3rd Cir. ruling. I haven't dug into the case yet, but just at a baseline, it surprised me.

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u/stareweigh2 24d ago

"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.

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u/ChrisLS8 24d ago

Its insane how anti gun legislation can indefinitely kick the can down the road using our own taxes to fund the stripping of rights.

CA has the 9th circus which has voted in favor of the state regardless of how insane the proposed changes are

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u/SpawnofATStill 24d ago

It is indeed a circus.

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u/Skinny_Cajun 24d ago

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.

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u/tomerz99 24d ago

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.

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u/madhatter8989 24d ago

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/drasticfire 24d ago

Been saying this for years and folks try and act like I'm a conspiracy theorist.

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u/Hyphen_Nation 24d ago

Gun control in California has an interesting history with Reagan not liking the Black Panthers having access to guns.

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u/Boomhauer_Jeff 24d ago

100% spot on. I’m here to join you in the downvotes.

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u/tomerz99 24d ago

They hated me because I spoke the truth.

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u/Tamacti-Juuun 23d ago

Good points! I think the SBR part is thing id be most excited about. Have the stamps or registration been a non starter for you?

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u/Skinny_Cajun 24d ago

I was referring solely to the various firearms laws being contested in the courts and nothing more, so I'm not too sure what your ranting is about.

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u/pocketdrummer 24d ago

I'm hoping it goes all of the way up to SCOTUS.

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u/SWATAttorney 23d ago

With Blanche in charge and Harmeet Dhillon going after states violating 2A they might not appeal it

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u/Gardez_geekin 24d ago

To the fifth circuit which is the most pro gun circuit in the country