Federal Circuit Courts and Blue State gun bans

Discussion in 'Freedom and Liberty' started by BigOnes113, Jul 19, 2026 at 18:24.


  1. BigOnes113

    BigOnes113 Monkey

    So I live, alas, in a blue state, where ARs are banned and there is a 10-round magazine size limit. I have been buoyed by the recent 3rd Circuit Court of Appeals' ruling obviating New Jersey's semi-automatic rifle bans and magazine size limits.

    I watch Mark W. Smith on YouTube and if I understand correctly, my own state will soon be up for a similar ruling--fingers and toes crossed.

    My question, only for those of you who are lawyers specializing in this field or who have some other background that gives you the relevant knowledge, is whether a ruling from a Federal Circuit Court of Appeals regarding a state's gun laws goes into effect immediately at the state level, or, as I fear will be the case, in effect, it is no different to a Supreme Court ruling, inasmuch as the state can get away with maintaining its state gun laws, despite their having now been ruled unconstitutional.

    Thanks in advance.





     
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  2. Andy the Aussie

    Andy the Aussie Monkey+++ Founding Member

    So now two things can happen:
    1) New Jersey can petition the 3rd Circuit to stay the remand pending SCOTUS ruling on Viramontes v Cook County. Viramontes could overturn ALL AWB nationwide.
    2) New Jersey can petition the SCOTUS to stay the remand pending Viramontes v Cook County.

    It wouldn't be unusual for SCOTUS to stay it, because there is a belief to keep the lower's status ques while the higher court examine the same facts.
     
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  3. BigOnes113

    BigOnes113 Monkey

    Yes, if I've understood what Mark Smith has said, this is headed back up to the SCOTUS when they return from recess.
     
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  4. Illini Warrior

    Illini Warrior Illini Warrior

    I don't think SCOTUS wants to continue to piecemeal the 2A Rights rulings >>> put a definitive definition of the Amendment - end the constant individual state squabbling .....

    a new FED law for the nationwide CCW enforcement will drive more nationwide uniformity for all the gun laws >>> good chance the bill for the CCW law gets introduced in the last years of Trump - it has his support and it would need some pushing ......
     
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  5. Steverino

    Steverino #LEAVETHEGOP

    I see the path we are on ultimately resulting in "nullification" in reverse....
     
    Seawolf1090 likes this.
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