I am hearing (no link to decision yet) that a federal judge has ruled N..J.'s AW ban unconstitutional. Yes, this is a case on which I billed a lot of hours.
Thwe judge clearly would prefer Bruen did not apply:
It is hard to accept the Supreme Court's pronouncements that certain firearms policy choices are "off the table" when frequently, radical individuals possess and use these same firearms for evil purposes. 3 Even so, the Court's decision today is dictated by one of the most elementary legal principles within our legal system: stare decisis. That is, where the Supreme Court has set forth the law of our Nation, as a lower court, I am bound to follow it.
He upheld the LCM ban, apparently based on insufficient briefing. He makes the claim:
Between 1927 and 1933, California, Hawaii, Missouri, and Washington State banned all firearms capable of receiving rounds through feeding devices.
No. California defined machine gun to include semiautomaic weapons that could accept feeding devices above ten rounds.
Magazines above 10 rounds were not regulated and in a bolt-action rifle were not regulated.
The Hawaii law:
At this point, only AR-15 protected.
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