To the SCOPE Membership,

In a major victory to those seeking to rid America of bans on so-called "assault weapons," for the first time ever, a federal appeals court has ruled that a state's ban on AR-15s and similar rifles, and its ban on "high capacity" magazines, violate the Second Amendment.  

The third circuit court of appeals (Pennsylvania and Delaware) creates a direct circuit split, the term used to describe a situation where two or more federal courts hand down different interpretations of the same legal controversy, which make it ripe for U.S. Supreme court review.  The third circuit court of appeals vote was 10-5 margin.  The majority opinion was written by a Biden-appointed judge, Arianna Freeman.  The dissenting opinion was also given by a Biden-appointed judge, Patty Schwartz.  

Obviously, the New Jersey Governor, Mikie Sherrill condemned the ruling stating, "Today's decision is dangerous, wrong, and make no mistake, it will make New Jersey communities less safe.... This decision is not only legally wrong, it's completely out of step with parents and the people of the Garden State....We will not back down from extreme, right-wing attempts to weaken the laws of New Jersey."  

The majority decision also rejected the ban over the "common use" standard that was created by the Supreme Court decision in the 2008 Heller decision.  The court found no historical roots with which to justify the ban on AR-15 and similar rifles.  

There is hope.  Keep up the fight!  The 2A community is making progress.  The Supreme Court already agreed to hear an appeal of rulings that upheld an "assault ban" imposed by Connecticut and by Cook County, where Chicago is located.  The question posed there is "Whether the Second and 14th Amendments guarantee the right to possess AR-15 platform and similar semi-automatic rifles." 

John R. Elwood
SCOPE President