Federal appeals court gun ruling defied party lines as New Jersey appeals to justices
The full U.S. Court of Appeals for the Third Circuit ruled 10-5 last month that New Jersey's restrictions on semiautomatic rifles and large-capacity ammunition magazines violate the Second Amendment, with the vote crossing the party lines of the presidents who nominated the judges. The majority included eight judges nominated by Republican presidents and two nominated by Democratic presidents, while the five-judge dissent included three Obama nominees, one Biden nominee and one Bush nominee.
Judge Arianna Freeman, a Biden nominee, wrote the majority opinion, joined by fellow Biden appointee Tamika Montgomery-Reeves as well as judges nominated by Presidents Bush and Trump. Judge Patty Shwartz, an Obama nominee, wrote the principal dissent. The original three-judge panel that first heard the case, which included Freeman, would likely have ruled 2-1 in New Jersey's favor, but the full appeals court took the case en banc before that panel issued a decision.
The court held that New Jersey's ban is unconstitutional as applied to semiautomatic rifles and that its 10-round magazine limit also violates the Second Amendment. All 15 judges who participated then voted unanimously to stay the ruling, leaving the state's laws in effect while New Jersey seeks review from the U.S. Supreme Court.
Read the full story at newjerseyglobe.com.
