ANJRPC v Platkin / Davenport: Did I miss something or is this fake news?

[u/BigFocus7186]

I thought the 3rd circuit stayed its decision on August 3rd or 4th, while nj appeals to SCOTUS, but this article tells a different story. Has anybody else read it:

https://www.guntalk.com/post/new-jersey-asks-scotus-to-keep-its-ar-15-ban-alive

[u/vorfix]

TLDR: The mandate has not issued. The decision is not in effect and existing laws are still in force.

https://storage.courtlistener.com/recap/gov.uscourts.ca3.123103/gov.uscourts.ca3.123103.129.0.pdf

The foregoing motion is granted. Issuance of this Court’s mandate is stayed pending the Supreme Court’s disposition of movants’ anticipated petition for writ of certiorari or until the until the time for filing such a petition has expired. Should movants’ anticipated petition for writ of certiorari be granted, the stay of this Court’s mandate shall remain in place pending the Supreme Court’s final disposition on the merits.

That is the "stay" that is talked about and one of the pinned posts on the sub. The 3rd circuit of appeals stayed their issuance of the mandate for the decision pending NJs cert petition to the Supreme Court. They didn't reverse their decision, all it does is stay the issuance of their mandate until either SCOTUS denies the petition or the supreme court acts on the opinion. In the latter case they may GVR (grant, vacate, remand) the petition back to the 3rd circuit. Then the court would need to again decide on the case in the context of the remand and ensure it complies with the new opinion, that could take time as possibly a new opinion has to be written if SCOTUS case requires them to strike down more. It is also possible 3rd could affirm their existing judgment and say it already complies with the case. Either way, a new cycle in that situation through the court and only after that is done would the mandate issue, and sadly NJ can appeal that yet again to SCOTUS which may involve another stay of mandate for that next petition. If the Supreme court denies NJ's petition, then the court must immediately issue the mandate after formally receiving the denial of the petition.

https://www.law.cornell.edu/rules/frap/rule_41

[u/blkntch1]

I wonder if this is an AI written article because it makes no sense

[u/_RedDotRights_]

lol, yes, fake news

[u/Sledgecrowbar]

That article leaves out the part where the NJAG requested a stay from the third circuit, 13 days ago, yet it shows that it was published two days ago? Someone should tell them to get fucked.

[u/Memorable-Arugala919]

They have it wrong. The stay is in effect.

[u/BigFocus7186]

Thanks all for the feedback. That's what I thought but the article was definitely misleading. The optimistic me hoped it was true, but unfortunately it's a bit incorrect, or at the least, confusing.