3rd Circuit issues opinion in Cheeseman v Platkin

[John Kloehr]

3rd Circuit en banc opinion in Cheeseman v Platkin  issued. This creates the clear circuit split the Supreme Court likes. It is a 192 page opinion with multiple concurrences and dissents. Getting to the core, A win on AWBs and LCM bans. From:

 

https://assets.nationbuilder.com/firearmspolicycoalition/pages/6504/attachments/original/1784307428/2026.07.17_125_OPINION.pdf?1784307428

 

"

 

... we will MODIFY the District Court’s order so that it deems the Assault Firearm Provisions unconstitutional with respect to the full class of semi-automatic rifles. We will AFFIRM that part of the order as modified.

 

The LCM Provisions also violate the Second Amendment, so we will REVERSE the District Court’s order with respect to those. Because the LCM Provisions violate the Second Amendment, we need not address the Takings Clause challenge.

 

We will REMAND these matters to the District Court for further proceedings, including for resolution of the Second Amendment challenge to the other models and types of firearms covered by the Assault Firearm Provisions.

 

"

 

Note: I put the same post in the 2A Update thread just as tracking, posting this thread for the specific win.

[Subdeacon Joe]

Thank you!

 

I'll have to read that decision at oh-dark when I wake up and get back to sleep. 192 pages is a bit much for one sitting. 

 

 

[John Kloehr]

8 minutes ago, Subdeacon Joe said:

.. 192 pages is a bit much for one sitting. 

Or two. There are several chunks:

 

FREEMAN, Circuit Judge, filed the Opinion of the Court with whom

CHAGARES, Chief Judge, and

HARDIMAN, BIBAS, PORTER, MATEY, MONTGOMERY-REEVES, and BOVE, Circuit Judges, join, and with whom

PHIPPS, Circuit Judge, joins in part.

 

MATEY, Circuit Judge, filed a concurring opinion with whom

MASCOTT, Circuit Judge, joins. 

 

PHIPPS, Circuit Judge, filed an opinion concurring in part and concurring in the judgment.

 

MONTGOMERY-REEVES, Circuit Judge, filed a concurring opinion.

 

MASCOTT, Circuit Judge, filed an opinion concurring in part and concurring in the judgment.

 

CHUNG, Circuit Judge, filed an opinion concurring in part and dissenting in part.

 

SHWARTZ, Circuit Judge, filed a dissenting opinion with whom

KRAUSE, RESTREPO, and SMITH, Circuit Judges, join.

 

KRAUSE, Circuit Judge, filed a dissenting opinion with whom 

RESTREPO and SMITH, Circuit Judges, join.

 

SMITH, Circuit Judge, filed a dissenting opinion.

[Subdeacon Joe]

 I will likely start with the dissenting opinions. 

 

I don't know why, but I always find those more interesting. 

[Blackwater 53393]

18 hours ago, Subdeacon Joe said:

 I will likely start with the dissenting opinions. 

 

I don't know why, but I always find those more interesting. 

And often nonsensical, illogical, incoherent, and tragically comedic!!

[Subdeacon Joe]

25 minutes ago, Blackwater 53393 said:

And often nonsensical, illogical, incoherent, and tragically comedic!!

 

Well...there often is that in decisions that uphold civil rights. 

[Blackwater 53393]

A constantly repeated statement made by the anti-gun crowd is that this ruling is the first time that an appeals court has struck down a ban on MSRs! That statement is true BUT, of the thirteen federal appeals courts, ONLY FOUR  OTHER APPEALS  COURTS   out of the thirteen total courts has ever actually heard such cases!

 

THAT’S RIGHT!!  Four out of thirteen federal appeals courts have dealt with these cases and upheld the bans! ALL FOUR  are in what can only be described as ultra liberal, Democrat controlled, predominantly anti-gun governed regions!!  Eight of the remaining nine other couurts have never ruled on such bans at all, mainly because those regions don’t have such onerous regulations and thus have not had any challenge filed! THERE’S NEVER BEEN ANY NEED TO SUE IN THESE OTHER JURISDICTIONS!!

 

This is another one of those cases where a subtle half truth is used to completely and deliberately mislead the public!! Our pro gun organizations should be screaming this from the rooftops!!

 

 

Edited July 20 by Blackwater 53393