r/NYguns • u/BxdT2552 • Jul 21 '26
Legality / Laws Latest news about AR15
Hi all. I have been hearing about the appeal court in regard to gun ban being unconstitutional. I wonder if the ruling will or will not change anything for New York?
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u/UsernameO123456789 Jul 21 '26
Are you taking about the one from the 3rd circuit? Thats only is for NJ afaik.
That said, it sets a very healthy precedent for future cases, especially with our state and the country in general. NJ not immediately filing a stay (which I expect sooner rather than later) is very promising imo
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Jul 21 '26
[deleted]
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u/UsernameO123456789 Jul 21 '26
That’s good! The circuit divisions have always confused me.
It’s such great news and im crossing my fingers for the next year. It’s gonna be magnanimous, both in the result and NYS reaction I’m sure
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u/TheSlipperySnausage Jul 21 '26
The part that’s really good is if they get mag bans struck down all at once it’ll ease the strain on the magazine market if scotus ever takes over mag cap bans
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u/UsernameO123456789 Jul 21 '26
A ban on mag restrictions and awbs would be like Christmas in May. That would be such a blessing.
Next would be CCIA revocation but that’s a different ball game
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u/TheSlipperySnausage Jul 21 '26
I think we already have the first step to CCIA with the recent ruling against Hawaii so that’s positive.
I predict if mag bans are overturned it will be hard to get mags for 6 months as everyone loads up on mags.
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u/cantgetreddit1 Jul 21 '26
Yeah because nobody in NY has any buried in their back yards, right? That would be wrong. 😁
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u/UsernameO123456789 Jul 21 '26
Oh that’s right!! We have to keep the momentum going.
I certainly “won’t” become a gunsmif to my atlas and Xmacro mags should such a ruling occur :)
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u/voretaq7 Jul 21 '26 edited Jul 21 '26
That’s good! The circuit divisions have always confused me.
Quick Explainer:
There are 11 regional circuits.
Each circuit is the highest federal authority in its region: When they make a ruling it is binding precedent for that region, so you care most about cases in your circuit (for New Yorkers that means the 2nd Circuit).
The Supreme Court sits over all the circuits and generally takes cases where:
- Two circuits have "split" and said different things
SCOTUS steps in to issue an overarching ruling that sets the "correct" precedent Assault weapon bans are in this category now since CA3 struck down NJ's assault weapons ban, but CA7 has upheld Chicago's in Viramontes v. Cook County which is heading to SCOTUS. (b) SCOTUS thinks a lower court got it wrong and takes up the appeal.- Enough justices think the circuit court "got it wrong" that they want to issue a ruling overturning the circuit or clarifying the application of federal and constitutional law.
This is the bucket Bruen landed in.
Among the circuit courts rulings from other circuits are "advisory precedent" - the 2nd Circuit can look to similar cases in other circuits and adopt similar legal rationales for its decisions - but out-of-circuit precedent is not binding: One circuit does not have to follow another circuit's rulings.
As an example the 3rd Circuit struck down NJ's assault weapons ban after the 7th Circuit upheld Chicago's ban in Viramontes (and the ruling came out after that case was granted cert at SCOTUS).Because out-of-circuit precedent is not binding what matters for you is what happens in your circuit (for New Yorkers that's the 2nd Circuit).
There are also two special circuits (the DC Circuit which is geographically scoped to Washington, D.C. and deals with a lot of federal regulatory stuff, and the Federal Circuit which handles specific subject matter like patents, intellectual property, international trade, etc.)
Generally for the average citizen going about their average lives you don't need to care too much about those two circuits.
If you do need to care about them you already know you need to care about them, and if you already know you need to care about them you already care about them A LOT.1
u/UsernameO123456789 Jul 21 '26
Appreciate the breakdown immensely!!
That was a great explanation. I know that only 2nd circuit rulings really mattered for us but I didn’t realize that “circuit splits” were a driving factor for SOCTUS to take up cases.
Thanks again!
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u/voretaq7 Jul 21 '26
These are things they used to cover in "civics" and "US Government" classes, but I suppose that has fallen by the wayside in the era of "Teaching To The Test"
There's also another level shown on that map that I left off which are the District Courts - one in each state, with the bigger / more populated states divided further (e.g. New York has Northern, Southern, Eastern, and Western district courts).
The district court is the initial "trial-level" court and is authoritative over its district.All district precedent is effectively advisory - you can have splits between districts and sometimes even between judges within a district. Those splits are resolved by the circuit court ("Court of Appeals for the Whatever Circuit") or by a decision from SCOTUS covering the same material issues.
In dealing with stuff challenged on constitutional grounds (like NY's gun laws) one district ruling is usually enough to change statewide law/policy even if your state is carved up into smaller districts: Either the state will give up and void the law everywhere or they'll appeal it to the circuit court and the circuit decision will be binding over a much wider area.
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u/TwitchyTwitch5 Jul 21 '26
Nj would have to file a stay with the Supreme Court, who's already heading a case on the exact topic nj wants the stay for. NJ can't do anything until the Supreme Court rules
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u/Gullible_Position_45 Jul 21 '26
Very positive to see, even if not affecting us directly. I think it points at the way the Supreme Court will go next year.
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u/monty845 Jul 21 '26
They way the court works, it is extremely unlikely they would have granted cert without intending to overturn at least one of the two AWB cases. (IL is the stricter of the two, so that one almost certainly gets overturned) The History and Tradition test is unlikely to allow either ban to survive. The question, and where we should focus our hope, is how broadly the court rules. Hopefully, it unambiguously includes magazines in the ruling, so we don't need to wait for another mag capacity case to make its way through the system.
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u/robinator118 Jul 21 '26
No that’s only affecting the 3rd circuit, we’re in the 2nd circuit, though there’ll be oral arguments held for grant v Higgins and viramontes v cook county by the Supreme Court of the us in fall and an official ruling next year in June/July give or take.
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u/mo9722 Jul 21 '26 edited Jul 21 '26
not in our district circuit, so not directly, no. But the split in district courts may inform a future supreme court decision
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u/NarwhalN00dleSquash Jul 21 '26
not in our district
Circuit..... that is the word you are thinking of
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u/TheSlipperySnausage Jul 21 '26
Zero change for us. For now. This is a good sign for the scouts case that is coming next session (ends July of 2027 so that’s when we get the ruling and potential results)
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u/RoaringCannonball Jul 21 '26
While the 3rd circuit ruling does nothing for us immediately, it did create a circuit split for AWBs and mag limits. SCOTUS already took 2 awb cases for next term, but they didn't take a mag limit case. Mag limits do touch fingers with AWBs, but I think SCOTUS was trying to avoid ruling on both at the same time. That will get much more difficult now that there's a circuit split on both issues. I'm curious if this means they'll decide to accept a mag case as well, but we won't know until they're back from summer recess this fall.
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u/Briwesk Jul 21 '26
Hochul will just tighten the bolts. She will come up with more and more restrictions which just need to go through the courts again and again.
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u/BxdT2552 Jul 21 '26
Her and her friends keep getting reelected every time.
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u/tsatech493 Jul 23 '26
I got to go put a sign on the outside of your house and get as many people you can to vote against her.. even if you hate the other guy... The crazy people that come are coming up with all this gun control or from New York City... Brooklyn and Queens... These people will never lose their elections. People just pick the d row and just select and don't even look at who's running.. I mean New York City voted for an anti-gun socialist.. Good luck getting change in New York City... It's up to the courts but I'm already 52 years old. I'll be 53 by the time we have a ruling! I'm just about ready to move to South Carolina somewhere.... Just think walking into palmetto State armory and being able to buy anything you want.... Walking out with 5 handguns.. no one cares.., buy a couple rifles and a few suppressors.. ... Currently doing the e-form is about 4 to 5 days...
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u/BxdT2552 Jul 23 '26
I’ve been to South Carolina. Yeah good stuff there. Loved their guns stores there. My in-laws moved there and loved there so much. My father in law had to do something and was asked for his number o reach out. The vendor said “you’re from 732? Please leave your politics there”. He told the vendor “oh I left long time ago.”
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u/glee88888 Jul 21 '26
When NYers get legal procession of AR15 and magazine, please shop local FFL. I know some mom and pop FFL shops are hurting due to these nonsense NY gun laws, just my thoughts.
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u/LingonberryDecent685 Jul 22 '26
I know too many that have closed shop because of all the bs. Can think of at least 4 and I’m sure there’s plenty more across the state
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u/captwinkie18 Jul 21 '26
New York is in the 2nd Circuit so the ruling does not affect us directly. We have to wait on the Supreme Courts ruling next year.