Pennsylvania Firearm Owners Association
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  1. #1
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    Angry 3rd Circuit Court Says Magazine Bans Are Constitutional (WRONG)



    3rd Circuit Court of Appeals includes:
    • Pennsylvania
    • New Jersey
    • Virgin Islands


    Not good for us. Just one more reason why Trump MUST win in November and replace activist SCOTUS justices. If this gets appealed to SCOTUS with the current court, we are in deep trouble.

    No excuses. Vote for Trump for SCOTUS and Federal judges alone.
    I am not a lawyer.

  2. #2
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    Default Re: 3rd Circuit Court Says Magazine Bans Are Constitutional (WRONG)

    The 5 reasons the court cited to support that decision;

    In doing so, the 3rd Circuit panel concluded the ban:

    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.
    https://libertarianhub.com/2020/09/0...e-bans-are-ok/

    This goes to show courts are unpredictable and inconsistent ( being inconsistent with the recent CA ruling) when deciding 2A cases.

  3. #3
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    Default Re: 3rd Circuit Court Says Magazine Bans Are Constitutional (WRONG)

    So 10+ mags still legal in PA right.

  4. #4
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    Default Re: 3rd Circuit Court Says Magazine Bans Are Constitutional (WRONG)

    Quote Originally Posted by Will3212 View Post
    So 10+ mags still legal in PA right.
    For now.

  5. #5
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    Default Re: 3rd Circuit Court Says Magazine Bans Are Constitutional (WRONG)

    One court says they violate the 2a. Other courts say they don't.

    If only there was a way to resolve discrepancies across the land.
    Life has a melody.

  6. #6
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    Default Re: 3rd Circuit Court Says Magazine Bans Are Constitutional (WRONG)

    Obviously SCOTUS needs to resolve this.
    You need no further proof of activist judges when one circuit court says bans are unconstitutional while another says they are not. That's not possible if your country truly is a land of laws and not men.

  7. #7
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    Default Re: 3rd Circuit Court Says Magazine Bans Are Constitutional (WRONG)

    From FPC:
    The current appeal reached the 3rd Circuit in a somewhat “tortured procedural posture,” which is legalese for “you won’t fully understand this unless you’re a law student studying for your Civil Procedure final.” Here’s what happened: In a prior ruling on the plaintiffs’ challenge to the constitutionality of the New Jersey mag ban law, the district court denied a preliminary injunction that was being sought by the plaintiffs. That denial was appealed, and a panel of the 3rd Circuit upheld the district court’s order. The court today held that in doing so, that panel of the 3rd Circuit went beyond simply answering the question of the plaintiffs’ “likelihood of success on the merits” (part of the standard to receive a preliminary injunction) and directly addressed the constitutionality of the statute. The case was then sent back to the district court where it had originated, where that court ruled on summary judgment that it was bound by that earlier decision.

    The plaintiffs then appealed that summary judgment ruling, arguing first, that the district court erred in treating the prior panel’s opinion on the constitutionality of the statute as binding, and second, reasserting plaintiffs’ belief that the statute was unconstitutional under the Second, Fifth, and Fourteenth Amendments. The majority in today’s opinion held that the plaintiffs were wrong on their first argument – i.e. that the prior panel ruling had in fact come to a binding conclusion as to the constitutionality of the law. Because they were bound to follow the prior decision, the majority said, they did not need to re-address the constitutional arguments.
    https://www.firearmspolicy.org/third...capacity-limit

    So basically, the judges who ruled against us either 1) didn't understand their own role w.r.t. civil procedure, or 2) willfully ignored and abused the rules of civil procedure in order to create a fucked ruling against the Constitution.

    Im betting on #2.
    I am not a lawyer.

  8. #8
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    Default Re: 3rd Circuit Court Says Magazine Bans Are Constitutional (WRONG)

    I won't be turning in anything if mags are banned here.

  9. #9
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    Default Re: 3rd Circuit Court Says Magazine Bans Are Constitutional (WRONG)

    (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
    So every policeman in NJ is going to be limited to 10 rounds, correct?!?! After all, police only carry weapons to protect themselves and others....

    One of these years NJ gun owners need to go on the offensive and sue the state for allowing a two tiered system of gun control; force police to limit their round counts as well. Remember "All Men Are Created Equal"
    Resistance to tyrants is obedience to God.

  10. #10
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    Default Re: 3rd Circuit Court Says Magazine Bans Are Constitutional (WRONG)

    Let's find those judges houses and let our voices be heard!
    Last edited by abner13; September 3rd, 2020 at 06:01 PM.
    I don't speak English , I talk American!

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