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02-21-2018, 10:47 PM
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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.
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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.
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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; 06-25-2018 at 10:16 PM.
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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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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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02-22-2018, 08:33 PM
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Not holding my breath.
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02-22-2018, 08:41 PM
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Be careful what you wish for.
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02-22-2018, 10:03 PM
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Quote:
Originally Posted by stansdds
It will be interesting to follow this case and see how it gets decided.
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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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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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Last edited by snuffy51; 02-22-2018 at 10:41 PM.
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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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02-24-2018, 09:34 PM
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OP updated to indicate Answer is due on or before March 13, 2018
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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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03-10-2018, 10:21 PM
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It makes me ashamed concealed carry is not accepted nationwide.
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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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04-10-2018, 05:32 AM
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Quote:
Originally Posted by jag312
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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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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04-11-2018, 01:31 PM
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Response to Motion to Dismiss due 4/23/18
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Last edited by bushmaster1313; 04-18-2018 at 10:26 PM.
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04-25-2018, 10:23 PM
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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.
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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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04-25-2018, 11:00 PM
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Deja Vu all over again.
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04-26-2018, 02:02 PM
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Piisin in the wind for us in NJ
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05-01-2018, 08:21 PM
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NJ = No Justice!!
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05-02-2018, 01:22 PM
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We're soon to join the 21 year old requirement
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05-02-2018, 03:46 PM
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And the lawyers keep raking in the money. Hmmm.
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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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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.
Quote:
Originally Posted by bushmaster1313
Update 5/21/18
District Court case is over and is now ready for appeal to the Third Circuit
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05-23-2018, 01:10 PM
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Quote:
Originally Posted by bushmaster1313
OP updated to indicate Answer is due on or before March 13, 2018
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It's MAY 24, 2018?
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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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06-19-2018, 05:39 PM
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Notice of appeal filed 6/18/18
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06-27-2018, 10:54 PM
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Quote:
Originally Posted by GaryS
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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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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06-27-2018, 11:05 PM
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Quote:
Originally Posted by Kiwi cop
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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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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Last edited by bushmaster1313; 06-27-2018 at 11:06 PM.
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