DOJ confirms it will not appeal Texas court decision invalidating portions of the NFA
WASHINGTON — On October 1 the Department of Justice released a September 24 letter from the Solicitor General stating that “the Department of Justice has determined not to file an appeal in the above-referenced case.”
The letter, addressed to Charles Grassley, the chairman of the Committee on the Judiciary, serves as confirmation that the DOJ will not appeal the August 5 district court decision invalidating portions of the NFA as it relates to untaxed firearms.
The DOJ’s move aligns with both President Trump’s February 2025 executive order to protect the Second Amendment and an August 11 joint letter from both House and Senate elected reps urging Attorney General Blanche not to appeal the decision.
New Jersey files petition of certiorari with Supreme Court in case addressing 'assault weapons' ban
WASHINGTON — In what some are calling a “hail Mary” move, and others have characterized as a logical next step, on October 1, the state of New Jersey filed a cert petition with the Supreme Court in the Davenport v. Association of New Jersey Rifle & Pistol Clubs, et al. case challenging the state’s so-called assault weapons ban.
The lengthy, 303-page filing asks the court to hold the petition as the court considers the historic, consolidated Viramontes v. Cook County assault weapons case later this term, and to then grant, vacate, and remand (GVR) the latest Third Circuit decision which overturned New Jersey’s ban on standard, semi-automatic rifles.
The petition also notes that the outcome of the Viramontes case will likely address “large capacity magazines,” which are part of the New Jersey suit, but not part of the Viramontes suit.
The Third Circuit ruled against New Jersey in an en banc July 17 decision, which it then stayed on August 4, pending the outcome of the Supreme Court’s decision in Viramontes.
