Happy 4th of July weekend! Gun owners & 2A supporters are a little closer to true independence! Remember, liberal tears make the best gun lube, so hit the range this holiday to maintain proficiency as the "well regulated militia!"
The four cases I mentioned previously were all GVR'd today. They are:
* ANJRPC, concerning mag cap limit laws in NJ, it was sent back to the 3rd Appeals Circuit (CA) to redo using the recent Bruen decision as guidance.
* Bianchi, concerning "assault" weapon laws in MD, returned to the 4th CA. Black Rifles Matter!
* Duncan, also about mag limits in CA, the 9th CA is once again over-ruled. The original trial judge wrote an excellent opinion in this case, worth the read if you are so inclined, but was over-ruled just like every other pro-gun ruling in the 9th CA. 50 times over the years according to one judge.
* Young, open carry in HI, also back to 9th. This one is interesting because 9th said no right to open carry in this case, when a few years previous they said no right to concealed carry in a different case that the USSC passed on. That case, Peruta, was before Trump got his three choices confirmed.
The appeals courts have wide latitude in how they handle these cases. Some options are: they can just rewrite the opinion, or decide they need additional briefings from the parties, or maybe send the case back to the original circuit courts and tell them to start with a fresh trial to ensure all relevant info is on the record. No time limits, either. Expect the path of most resistance in the anti-gun circuits here.
As of right now, nothing has really changed for any gun owner in the US except for the parties in the Bruen case, followed by those in NY that apply for a carry license going forward. At least two or three of the six states that require a special need or good cause to get a carry license have said they will no longer ask for that, but then their AG issued opinions expanding good moral character requirements in the same letters. Most of the truly anti-gun states are already crafting laws to try and get around the Bruen decision, and any other existing laws that are no longer constitutional will generally take a lawsuit, at minimum, to be struck down.
Some help on the regulations issues may be available via the WV v EPA case released today. I haven't read that one, yet, but the USSC put some limits on the administration and EPA that could be applied to the ATF and their suddenly finding new definitions of guns (80% lowers) and machineguns (bump stocks) despite what Congress originally said. The two bump stock specific cases I mentioned in an earlier post are still held in limbo, and they are currently more focused on what rules the admin and agency use to make up their regulations and are not really about the bump stocks themselves. A ruling in our favor in either case would likely require a new trial to determine if bump stocks are legal and confirm that ATF decision making is as flawed as we all know it is.
Unfortunately, the war rages on, we are closer to the end of the beginning than we are the beginning of the end.