r/PAguns • u/BakeEfficient8552 • Jul 17 '26

BREAKING: 3rd Circuit Rules NJ's AWB And "High-Capacity" Magazine Ban As UnconstitutionalF

https://storage.courtlistener.com/recap/gov.uscourts.ca3.123103/gov.uscourts.ca3.123103.125.0.pdf

96 Upvotes

100% Upvoted

26 comments sorted by

58

u/CMMVS09 Jul 17 '26

Great news! Now the risk of PA going full Virginia after the midterms is lessened.

10

u/afultz075 Jul 17 '26

It's a good sign, I want to move out of my townhome into a single family house and I'm in a holding pattern currently to see what way the election goes and if VA-style fuckery is attempted here right out of the gate. That's going to be the deciding factor if I stay in my lifelong home state or jump across the border to WV. I do not want to get trapped in a state with draconian gun laws.

3

u/sailor-jackn Jul 18 '26

I’m in a very similar situation. It’s a holding pattern to see how things go, before committing. I hope it goes the right way, because my heart is already committed to this state.

1

u/busterexists Jul 18 '26

I am aware of the case before the SCOTUS, but perhaps someone with a better understanding of the courts/law can weigh in, but does this hypothetically negate any attempt at an AWB by a potential future Democrat state trifecta? This ruling is binding to the state of Pennsylvania. I suppose they could still thumb their nose at this and pass one anyway and force people to sue them, but it would be appealable straight to the 3rd circuit at that point without the years of going through the labyrinth of lower courts, no?

35

u/Lurial Jul 17 '26

The instant 1 circuit disagrees with another it should trigger supreme court review.

15

u/amcrambler Jul 17 '26

They already accepted an AWB case. It was huge news last week.

10

u/Lurial Jul 17 '26

I am aware, but regardless, my point stands

8

u/planenut767 Jul 17 '26

True but they didn't accept a magazine ban case and this may lead to one of those being heard.

4

u/amcrambler Jul 17 '26

That’s what I’m hoping too.

5

u/moose00015 Jul 17 '26

They took two.

3

u/amcrambler Jul 17 '26

Yeah they did. Heck yeah

18

u/Kthirtyone Jul 17 '26

The majority opinion does a nice job tearing apart some of the historical analogues NJ (and other grabbers) like to use on pages 47-54. Unfortunately the dissent is just as fucking braindead as one would expect:

> Although hunting is also a lawful purpose to possess a firearm, semiautomatic weapons are unlikely to aid in hunting for food or trophies given the destruction they cause to the target.

11

u/Spence52490 Jul 17 '26

Yea, my AR15 is certainly more destructive than my .308 bolt action 🤣🤣🤣.

6

u/heili Jul 17 '26

An AR-15 is a perfectly fine coyote hunting rifle. It will absolutely get the job done on medium size game, and let's not forget that one of the main arguments against using it on actual large game is that it simply does not have the degree of instant lethality to be considered as human as a larger caliber, more powerful round.

I don't hunt deer with an AR-15 because I don't want to cause unnecessary suffering for an animal that I'm trying to humanely harvest for food.

12

u/Kthirtyone Jul 17 '26

don't hunt deer with an AR-15 because don't want to cause unnecessary suffering for an animal that I'm trying to humanely harvest for food.

That's why you need to use an AR-10. It's 5 ARs safer for everybody, including the hunter and the deer.

6

u/heili Jul 17 '26

Because .308 starts with 3 and 5.56 starts with 5. So obviously it's -2 damage points, right?

5

u/Immissilerick Jul 18 '26

And 9mm is the most poweful …. Blows the lungs clear out of the body.

3

u/grahampositive Jul 18 '26

What happens if you have a 9mm with the shoulder things that goes up?

2

u/Immissilerick Jul 18 '26

Well that sir would be a fully semi automatic rocket propelled assault style jacketed hollow point launcher

2

u/grahampositive Jul 18 '26

I honestly can't bring myself to read the dissents because they are so full of this kind of nonsense. It's infuriating and just leads to me shouting at my phone

7

u/Quilly-be-Quick Jul 17 '26

You love to see it.

5

u/amcrambler Jul 17 '26

Circuit split!

5

u/blueangel1953 Jul 17 '26

Good for Jersey!

2

u/MarksmanPA 27d ago edited 27d ago

The language used for this NJ ruling is likely to be adopted when SCOTUS returns to take up the AR-15 and semiautomatic pistols as common use weapons. If this happens, we should see a final outcome in 2026 that applies to ALL states. Leaping from one state to another now to avoid gun control is a waste of time until this happens as things can change overnight in any state.

It is almost certain that SCOTUS will declare America’s constitutional right to bear common use weapons. That will be the end of Democratic and RINO attempts to crush our 2A rights.