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  #1  
Old 02-21-2018, 10:47 PM
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Update 6/19/18 NRA backed NJ CCW case Notice of Appeal filed Update 6/19/18 NRA backed NJ CCW case Notice of Appeal filed Update 6/19/18 NRA backed NJ CCW case Notice of Appeal filed Update 6/19/18 NRA backed NJ CCW case Notice of Appeal filed Update 6/19/18 NRA backed NJ CCW case Notice of Appeal filed  
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Default Update 6/19/18 NRA backed NJ CCW case Notice of Appeal filed

Notice of Appeal to Third Circuit was filed 6/18/18

Case No. Assigned as Third Circuit USCA Case Number 18-2366

It will take Six months to a year for the Third Circuit to affirm the District Court, making the case ready for appeal to the Supreme Court

Supreme Court will then decide whether it wants to hear the case


Update 5/21/18
As expected by all, the District Court followed the binding Third Circuit decision in Drake and found as a matter of course that NJ's justifiable need requirement for a permit to carry was constitutional. District Court Opinion here Do not blame the District Court Judge as he upheld his sworn duty by following the rule of law. The case is now ready for appeal to the Third Circuit -- which will most likely follow its own prior opinion -- making the case ripe for appeal to the Supreme Court. IMHO, this is the "May Issue" permit to carry case that the Supreme Court may actually agree to hear.

Lawsuit filed February 5, 2018

Does not really matter what happens at the District Court or the Third Circuit Court of Appeals because the issue will need to be decided by the United States Supreme Court if they decide to hear it. In fact, the District Court should grant summary judgment against the plaintiff under a prior Third Circuit decision.

This following is an accurate admission in the Complaint, which was required under the obligation to tell the Court about binding precedent that is directly against a party's position.

Quote:
Plaintiffs acknowledge that the result they seek is contrary to Drake v. Filko, 724
F.3d 426 (3d Cir. 2014), but, for the reasons explained in Wrenn v. District of Columbia, 864 F.3d
650 (D.C. Cir. 2017), that case was wrongly decided. They therefore institute this litigation to
vindicate their Second Amendment rights and to seek to have Drake overruled.
Basically, the pro-2A Plaintiffs filed the case in a good faith effort to get the Supreme Court to reverse lower courts' interpretation of the Second Amendment as it applies to the right to carry.

Link to the Complaint

Check the Docket Sheet Here

Assigned to the Hon. Brian R. Martinotti

Note: The Complaint was not filed by Alan Gura, the architect of the Heller case.
However, it does have the backing of the NRA

Update 4/3/18
Motion to dismiss filed by New Jersey

Some of the Docket Here: Rogers & ANJRPC v. Grewal, et al. - Keith Kaplan's Blog

Complaint

Motion to Dismiss

Response to the Motion to Dismiss is due 4/23/18

Update on response to Motion to Dismiss, 4/23/18
As they must, Plaintiffs have conceded that under controlling Third Circuit authority, the District Court must uphold New Jersey's defacto CCW ban and pass the case on up to a higher court that can overturn the controlling authority:

Quote:
In sum, New Jersey’s “justifiable need” restriction is unconstitutional, but
Plaintiffs concede that this Court is presently bound by circuit precedent to uphold
it.
IMHO The district court should immediately issue a one page Final Judgment dismissing the complaint under Drake v. Filko, 724
F.3d 426 (3d Cir. 2014), and thereby allow the_case to go up on appeal.
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Old 02-22-2018, 08:07 AM
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It will be interesting to follow this case and see how it gets decided.
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Old 02-22-2018, 01:52 PM
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Anyone want to place any bets? I'll even give you odds.
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Old 02-22-2018, 08:33 PM
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Not holding my breath.
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Old 02-22-2018, 08:41 PM
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Be careful what you wish for.
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Old 02-22-2018, 10:03 PM
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Quote:
Originally Posted by stansdds View Post
It will be interesting to follow this case and see how it gets decided.
I believe that both the District Court and the Third Circuit Court of appeals will be required to follow precedent and dismiss this case out of hand.

Up until now the U.S. Supreme court has declined to hear a concealed carry case. In my opinion, they were hoping to first get a CCW case from the District of Columbia so that they would not have to decide whether a protection of CCW applied to the States.

However, after the D.C. Court of Appeals upheld CCW in D.C., D.C. chose not to appeal to the Supreme Court.

Now the only hope is that the Supreme Court will take a case from a state that is infringing on CCW
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Old 02-22-2018, 10:39 PM
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From what I've read about New Jersey, that one will stay in the courts till the Sun burns out. No offense to anyone, I'm on ya'lls side.
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Old 02-23-2018, 11:30 AM
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Good luck. While I believe that the case is clear cut in favor of the plaintiff, I doubt he will get a decision in his favor. To many judges the Constitution is just a piece of paper they have to carefully step around. Getting it in front of the US Supreme court is pretty much at the justices whim and they believe corporations have the same freedoms as a individual citizen anything can happen.
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Old 02-24-2018, 09:34 PM
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Update 6/19/18 NRA backed NJ CCW case Notice of Appeal filed Update 6/19/18 NRA backed NJ CCW case Notice of Appeal filed Update 6/19/18 NRA backed NJ CCW case Notice of Appeal filed Update 6/19/18 NRA backed NJ CCW case Notice of Appeal filed Update 6/19/18 NRA backed NJ CCW case Notice of Appeal filed  
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OP updated to indicate Answer is due on or before March 13, 2018
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Old 03-10-2018, 10:16 PM
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What a coincidence. I'll be having a colonoscopy on March 13. In a manner of speaking, I'm betting that the gun owners in New Jersey will be joining me.
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Old 03-10-2018, 10:21 PM
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It makes me ashamed concealed carry is not accepted nationwide.
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Old 04-09-2018, 10:28 PM
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Motion to Dismiss filed 4/3/18

First Post updated to include _Link to the entire docket
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Old 04-10-2018, 05:32 AM
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Quote:
Originally Posted by jag312 View Post
What a coincidence. I'll be having a colonoscopy on March 13. In a manner of speaking, I'm betting that the gun owners in New Jersey will be joining me.
At least you were given the option of anesthesia for YOUR reaming.

A couple of years back I read where an applicant for CCW was told they should change jobs away from the current one that took them into areas where the carrying of large sums was required, to a job with less risk.

I'm sorry, but I didn't save the article.
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Old 04-11-2018, 01:31 PM
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Update 6/19/18 NRA backed NJ CCW case Notice of Appeal filed Update 6/19/18 NRA backed NJ CCW case Notice of Appeal filed Update 6/19/18 NRA backed NJ CCW case Notice of Appeal filed Update 6/19/18 NRA backed NJ CCW case Notice of Appeal filed Update 6/19/18 NRA backed NJ CCW case Notice of Appeal filed  
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Response to Motion to Dismiss due 4/23/18
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Old 04-25-2018, 10:23 PM
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Update 6/19/18 NRA backed NJ CCW case Notice of Appeal filed Update 6/19/18 NRA backed NJ CCW case Notice of Appeal filed Update 6/19/18 NRA backed NJ CCW case Notice of Appeal filed Update 6/19/18 NRA backed NJ CCW case Notice of Appeal filed Update 6/19/18 NRA backed NJ CCW case Notice of Appeal filed  
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Update on response to Motion to Dismiss, 4/23/18
As they must, Plaintiffs have conceded that under controlling Third Circuit authority, the District Court must uphold New Jersey's defacto CCW ban and pass the case on up to a higher court that can overturn the controlling authority:

Quote:
In sum, New Jersey’s “justifiable need” restriction is unconstitutional, but
Plaintiffs concede that this Court is presently bound by circuit precedent to uphold
it.
IMHO The district court should immediately issue a one page Final Judgment dismissing the complaint under Drake v. Filko, 724
F.3d 426 (3d Cir. 2014), and thereby allow the _case to go up on appeal.
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Last edited by bushmaster1313; 04-25-2018 at 10:49 PM.
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Old 04-25-2018, 11:00 PM
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Deja Vu all over again.
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Old 04-26-2018, 02:02 PM
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Piisin in the wind for us in NJ
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Old 05-01-2018, 08:21 PM
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NJ = No Justice!!
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Old 05-02-2018, 01:22 PM
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We're soon to join the 21 year old requirement
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Old 05-02-2018, 03:46 PM
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And the lawyers keep raking in the money. Hmmm.
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Old 05-23-2018, 06:37 AM
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Update 5/21/18
District Court case is over and is now ready for appeal to the Third Circuit
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Old 05-23-2018, 12:20 PM
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Since the 3rd Circuit has already issued an opinion on the case, is the end game a hope that SCOTUS will grant cert. on this case once the 3rd concludes that there are no new issues for them to look at?

Otherwise, that is the point of the suit?

It would appear that until there is one more solid Constitutionalist Justice appointed, that SCOTUS is not going to grant cert on any right to carry suits. With Justice Kennedy being the swing vote, it appears that the four so called "Conservative" Justices aren't sure that there will be a favorable to the 2A decision if cert is granted.



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Update 5/21/18
District Court case is over and is now ready for appeal to the Third Circuit
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Old 05-23-2018, 01:10 PM
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Quote:
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OP updated to indicate Answer is due on or before March 13, 2018
It's MAY 24, 2018?
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Old 05-24-2018, 10:11 PM
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Next step is for the Pro 2A plaintiffs to file a Notice of Appeal
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Old 06-19-2018, 05:39 PM
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Notice of appeal filed 6/18/18
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Old 06-27-2018, 10:54 PM
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Quote:
Originally Posted by GaryS View Post
Since the 3rd Circuit has already issued an opinion on the case, is the end game a hope that SCOTUS will grant cert. on this case once the 3rd concludes that there are no new issues for them to look at?

Otherwise, that is the point of the suit?

It would appear that until there is one more solid Constitutionalist Justice appointed, that SCOTUS is not going to grant cert on any right to carry suits. With Justice Kennedy being the swing vote, it appears that the four so called "Conservative" Justices aren't sure that there will be a favorable to the 2A decision if cert is granted.
News today that Justice Kennedy is to retire at the end of June and a new appointee announced and confirmed, hopefully before October.

Earlier this week there was a news article here that there have been more conservatively favourable SCOTUS 5-4 rulings this year than liberally favourable.

Good luck guys.
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Old 06-27-2018, 11:05 PM
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Quote:
Originally Posted by Kiwi cop View Post
News today that Justice Kennedy is to retire at the end of June and a new appointee announced and confirmed, hopefully before October.

Earlier this week there was a news article here that there have been more conservatively favourable SCOTUS 5-4 rulings this year than liberally favourable.

Good luck guys.
I do not think it has been a lack of 2A supporting Justices at the Supreme Court. Rather, the Supreme Court is very picky about which Petitions it chooses to hear from non-government parties.

IMHO, the Supreme Court has been waiting for the proper right to carry permit case. The one out of Washington DC would have been a good one, but the Pro Right to Carry party prevailed at the DC Court of Appeals, and at the urging of anti right to carry states the District chose not to appeal to the Supreme Court for fear that the right to carry would be imposed on all 50 states.
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