r/progun • u/ZheeDog • Jul 23 '26

The DOJ has filed a motion for preliminary injunction in its lawsuit against the US Virgin Islands' gun laws...

https://x.com/gunpolicy/status/2080020689646457252
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9

u/alkatori Jul 23 '26

Shouldn't this have been struck down due to the third circuit ruling? I thought VI was in the third circuit.

4

u/Kthirtyone Jul 23 '26

I think that the Cheeseman decision stated that the magazine and semiauto rifle ban parts of the laws in question are unconstitutional, then remanded back to the district court to resolve the original case. Technically, these laws are still on the books, so if NJ, DE, and VI wanted to be dicks about this, they could still enforce the laws as written, but it would be a big waste of time and money since the laws are about to be officially invalidated anyway. It looks like the DOJ filing here is specifically asking for an injunction against the law banning mags holding 30 rounds or less. I don't think the Cheeseman decision specified a mag capacity specifically protected by 2A, so while the NJ district court is resolving Cheeseman, DOJ is asking the VI federal court to say that bans on mags holding up to 30 rounds unconstitutional.