I’ve been waiting 36 years for this!! Now it’s time to get rid of the stupid pistol permit system!!
LOL… he knows the realistic history of NJ… Can you say “Sensitive Spaces”? I knew you could…
I would like to see that letter, The NJ Firearms dealer unit would have sent out an email to every FFL in the state and the only email that came yesterday was the one about the NICS and FARS upgrades and that came out just before the ruling was announced.
Sounds like this is going to be a Auto Ordnance M1 Carbine situation all over again.
34yrs to get an Unconstitutional law overturned.
Yep. The McDonald, Heller and Bruen decisions shouldn’t be overlooked, but essentially we also had to wait for a broader culture shift:
Gawd I hope this is the reality for NJ:
Credit to DJ0808 on NJ Woods & Water
NJ is very limited in its routes to get a stay.
An en banc decision from the 3rd Circuit requires the same en banc panel that just ruled 10-5 against NJ to grant that stay. Not likely to happen since they didn’t include any language about one in today’s decision.
If NJ wants to skip and go the SCOTUS route they have to petition Justice Alito for the stay where there’s a good chance he’ll either outright say no, or send the stay request to the full SCOTUS and they have to get 5 of 9 justices to vote in favor of staying the ruling.
If Alito who’s very pro-2A denies the stay, or the full SCOTUS denies the stay, then NJ has to wait for them to grant cert to for a full hearing and final ruling. This means NJ can’t enforce the laws because they remain unconstitutional unless/until SCOTUS rules otherwise, which isn’t looking so great for NJ since they took up Viramontes.
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I know there are some negative members here, but this is like Christmas. It may take some time but read the whole decision. 10-5 ruling for us, all semi-auto rifles, magazines too are arms under 2nd Amendment and not limited to 10 rounds, reiterated the in common use rule, also went back to 1791 and declined the later years for the defining period. As DD wrote we have waited 34 years and if we have to wait a few more months for the next term so be it, I can wait a bit more. This is finally the platform ban we wanted, when the Court takes it up this will truly have national implications including at least of the dozen evil states that hates firearms. No court has said what the 3rd circuit said about semi autos and magazines, all in one shot. What else could we have asked for?
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So who’s selling a H&K MP5?
Asking for a friend…
While Alito is pro 2A, he is also very “by the book” and believes in fairness across the board. If they conference on it they’ll have no problem getting 5 votes to grant the stay. Roberts and ACB will vote with the lefties.
Maybe SCOTUS grants a stay. Maybe not.
This is not like granting CCW though - NJ doesn’t need to “prep” any infrastructure/policies, all they have to do is stop enforcing AWB restrictions on semi-auto rifles and magazine capacity law.
I’ll certainly enjoy watching NJ languish in “SCOTUS cert. review purgatory” if it comes to that.
I saw that “evil features” were address, as well a mag limits… But what about barrel lengths? Will they be affected by this ruling, or will be still be stuck with the 16" rule?
So I’m hearing the majority opinion was written by a Biden judge. Hopefully that will take the wind out of NJ’s sails
From elsewhere - I do not guarantee any of this:
Phase 1: Appellate Deadlines & The Mandate (July – August 2026)
August 14, 2026 (28 Days Post-Ruling)**: Deadline for New Jersey to file a petition for a rehearing by the 3rd Circuit (if seeking specific modifications to the en banc order). While an en banc court already decided the case 10-5, technical or procedural rehearings remain a narrow option.
August 21, 2026 (7 Days After Rehearing Deadline): If New Jersey does not file for a rehearing, the 3rd Circuit will issue its official mandate. This formal order officially sends the case back down to the district court to execute the ruling.
Late August 2026 (Stay Period): The state’s assault weapon and magazine bans remain technically enforceable until the mandate is issued. New Jersey is highly likely to request a motion to stay the mandate to keep the restrictions active while they appeal to the U.S. Supreme Court.
Phase 2: U.S. Supreme Court Appeal (October 2026)
October 15, 2026 (90 Days Post-Ruling):** New Jersey’s strict deadline to file a petition for a writ of certiorari asking the U.S. Supreme Court to review and overturn the 3rd Circuit’s decision.
Late Fall 2026: The Supreme Court is already scheduled to hear arguments on similar assault weapon bans from Illinois and Connecticut in its Fall 2026 term. Depending on timing, the Supreme Court may either consolidate New Jersey’s case (ANJRPC v. Platkin) with those challenges or hold New Jersey’s case until a broader national ruling is issued by Summer 2027.
Phase 3: Remand to the District Court Ongoing Concurrent Litigation: The 3rd Circuit’s ruling specifically struck down the bans on semi-automatic rifles and magazines holding over 10 rounds. However, the court explicitly remanded (sent back) the case to the federal district court to evaluate the constitutionality of New Jersey’s bans on semi-automatic pistols and shotguns. District court litigation on those specific categories will resume in the coming months.
If the firearm is considered a pistol, then it is still technically banned until the lower court decides on the legality of the ban as it applies to pistols and shotguns. The appellate Court ruling only applies to semi automatic rifles bc the record was not complete yet on pistols and shotguns. So those COULD be unbanned in the near future. Short barrel rifles and shotguns are still illegal in NJ under a separate statute.
You can’t have the pistol version currently but you can currently buy the MP5k version as an AOW from an 07 FFL with SOT license.
And by the book means you grant a stay because you think there is a chance of winning on merit, or if there is irreparable harm that can be avoided if they win an appeal. NJ instituted an AWB once without great expense, and they instituted mag bans twice without great expense. They can’t claim increased deaths or a burden on the hospital system because murders are down and they can’t, and haven’t in court, shown any correlation between the legislation and either of those things.
They didn’t grant a stay in any of the previous ban cases to plaintiffs, so fairness, especially in light of the above, would be to tell them to go pound sand.
I stopped in at Shooters this afternoon and asked if they were selling 30 round AR mags.
The Guy said not yet even though it was perfectly legal to sell them as of today. They have been advised by their Attorney to wait a week or so just in case NJ files a “stay”
If they did he said they would have to claw them all back so they are waiting a week or maybe two before they start selling them. He said they have 100’s in stock ready to sell.
There is definitely an argument for irreparable harm. Bc if there is no stay and NJ wins it’s appeal to SCOTUS, there would be thousands of “illegal assault weapons” out in the wind with no way of clawing them back in. I know NJ is unlikely to win at SCOTUS either, but I don’t think they have to prove BOTH likelihood of success and irreparable harm, just one or the other.
Except they already have a system to deal with that Abe in fact have dealt with it once before. So…
I mean they were even preparing legislation to make themselves have to do it again.
it seems they know how to repair said damage.