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.
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:
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.
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.
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:
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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