New NJ and NY carry cases filed

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  • krucam

    Ultimate Member
    This case (NJ) is alive and just getting underway in the 3rd Circuit. Just checked the docket on PACER, the initial Complaint isn't even up yet.

    I've attached the .pdf of the current Docket.
     

    Attachments

    • 18-2366 Docket.pdf
      89.1 KB · Views: 130

    krucam

    Ultimate Member
    Pulled 1 doc from PACER:

    06/29/2018 Open Document
    11 pg, 128.24 KB ECF FILER: Concise Summary of the Case filed by Appellants Association of New Jersey Rifle and Pistol Clubs Inc and Thomas R. Rogers, received. [18-2366] (DLS) [Entered: 06/29/2018 06:06 PM]


    Identify the Issues to be raised on Appeal:

    I. The District Court erred in dismissing Plaintiff's Complaint under F.R.C.P. 12(b)(6)
    II. The Second Amendment protects a right to carry a firearm outside the home.
    III. New Jersey may not condition the exercise of the right to bear arms on a showing that a citizen
    has a "justifiable need" for carrying a firearm.
    IV. This Court's decision in Drake v. Filko, 724 F.3d 426 (3d Cir. 2013), was wrongly decided and
    should be overturned.
     

    Attachments

    • Summary.pdf
      163.9 KB · Views: 143

    press1280

    Ultimate Member
    Jun 11, 2010
    7,878
    WV
    Heard it on their website. Seems all parties have basically agreed that plaintiffs lose here, so they'll be heading to SCOTUS this fall
    . They didn't say it directly but it sounds like they will forego an en banc request

    So it looks like NJ will be the first to go to SCOTUS with a split in hand AND Kavanaugh in place.
     

    krucam

    Ultimate Member
    Heard it on their website. Seems all parties have basically agreed that plaintiffs lose here, so they'll be heading to SCOTUS this fall
    . They didn't say it directly but it sounds like they will forego an en banc request

    So it looks like NJ will be the first to go to SCOTUS with a split in hand AND Kavanaugh in place.

    Went back and looked at the docket again.
    07/03/2018 Open Document ECF FILER: UNOPPOSED Motion filed by Appellants Association of New Jersey Rifle and Pistol Clubs Inc and Thomas R. Rogers to summarily. Certificate of Service dated 07/03/2018. Service made by 3rd party, ECF. [18-2366] (DHT) [Entered: 07/03/2018 06:11 PM]

    The 7/3 entry didn't jump out at me at first, however you're correct, Press. PLAINTIFFS-APPELLANTS’ UNOPPOSED
    MOTION FOR SUMMARY ACTION

    It's attached below.

    II. Because this panel is bound by Drake, however, it should summarily dispose of this appeal.
    For the reasons just described, this Court’s decision in Drake was wrong on
    the day it was decided, and it should be overruled by a court with authority to do so.

    Only an en banc or the Supreme Court can undo Drake, not a Panel Opinion. Believe all parties agree this is a waste of time and effort. Fail Fast...
     

    Attachments

    • Document.pdf
      168.1 KB · Views: 131

    krucam

    Ultimate Member
    IF the 3rd Circuit ruled tomorrow on this, 90 days for SCOTUS appeal takes us into mid October. Believe a 30 day extension is mostly automatic, so now we're into mid November.

    I would personally, after the ruling, apply for en banc. That will easily eat up a month, perhaps 2. It would also keep them from saying we didn't exhaust all legal remedies. Kavanaugh should definitely be seated by that time.
     

    press1280

    Ultimate Member
    Jun 11, 2010
    7,878
    WV
    IF the 3rd Circuit ruled tomorrow on this, 90 days for SCOTUS appeal takes us into mid October. Believe a 30 day extension is mostly automatic, so now we're into mid November.

    I would personally, after the ruling, apply for en banc. That will easily eat up a month, perhaps 2. It would also keep them from saying we didn't exhaust all legal remedies. Kavanaugh should definitely be seated by that time.

    Odds are the case will be decided probably last days for the SCOTUS term, late June, since this will be a high profile case for sure.
    As long as they get cert by February or March then it'll stay in this term and not get booted till next.
     

    MrNiceGuy

    Active Member
    Dec 9, 2013
    270
    II. Because this panel is bound by Drake, however, it should summarily dispose of this appeal.
    For the reasons just described, this Court’s decision in Drake was wrong on
    the day it was decided, and it should be overruled by a court with authority to do so.

    "Hello, 3rd Circuit? Yes, I'd like to speak to your supervisor!"
     

    Pope414

    Active Member
    You know what would be poetic justice ....New Jersey being the state that he loses in the Supreme Court over the justifiable need challenge especially after the underhanded BS they pulled with Drake. ( telling the Supreme Court that and Identical case was before the New Jersey State Supreme Court in Pentlano in order to get cert. denied in Drake) and once Drake was denied the New Jersey State Supreme Court ruled the case was improvidently granted and dismissed it . Now that's some underhanded bull.

    Evan Nappen had a killer argument and the state of New Jersey knew he had them by the shorthairs. But there two mistakes.. the first one was his interview on gun for hire radio and NRA radio explaining his argument thus showing his cards to the state and the state seeing he had them beat ( if you can find the interview on gun for hire it's a great listen )the second mistake which I don't think was his was the NRA ect. not backing the case because it would have definitely went to the Supreme Court after the state Supreme Court pulled the garbage of improvidently granting and then dismissing after Drakes denial of Cert.
     
    Last edited:

    Pope414

    Active Member
    The reason I remember this case is because I had exchanged emails with Evan I was looking forward to going to Trenton to watch him argue this case before the NJSC . I think he knew something was rotten when the case was not being listed by the court. He is a very good 2A lawyer it would have been fun to see him tear them up..
     

    wolfwood

    Ultimate Member
    Aug 24, 2011
    1,361
    the NRA filed this motion which asks the court to rule against it quickly so that they can ask for en banc quickly or cert
     

    Attachments

    • New Jersey case motion for summary affirmance.pdf
      168.1 KB · Views: 154

    Peaceful John

    Active Member
    May 31, 2011
    239
    Ginsberg is looking a little pale......

    I don't know why you guys are so adverse to Ginsberg. I've already made plans to visit her grave after she passes, just not immediately. Figure I'll wait 4 or 5 months so the urine puddles have time to dry first.
     

    SWO Daddy

    Ultimate Member
    Jun 18, 2011
    2,468
    I think they prop her up like it's weekend at Bernie's when the scotus in in session..

    I literally think that if Ginsberg dies (heaven forbid...) while Trump is in office, there will be an argument over the technical definition of death.
     

    Blacksmith101

    Grumpy Old Man
    Jun 22, 2012
    22,155
    I don't know why you guys are so adverse to Ginsberg. I've already made plans to visit her grave after she passes, just not immediately. Figure I'll wait 4 or 5 months so the urine puddles have time to dry first.

    Only 4 or 5 months? There will still be a line.:innocent0
     

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