Joe LoPorto will be on Washington Gun Law channel tonight (Mon 07/20) at 7:00 pm Eastern - I think this will be worth the watch:
Congratulations, y’all! While it didn’t happen in time to help me during my years in NJ, I’m pleased to see that rights are being restored to the many, many gun owners still there. I trust NJ’s predictable attempts to ignore or weaken this ruling will largely be ineffective.
Enjoy!
4 Likes
Gunmagwarehouse needs to update their site soon hopefully.
Has anyone ordered online successfully?
1 Like
ANJRPC Litigation Tracker Update - My emphasis added:
DECIDED July 17, 2026:
The en banc Third Circuit, by a 10-5 vote, ruled that New Jersey’s ban on semiautomatic ‘assault’ rifles AND its large-capacity magazine ban (10+ rounds) both violate the Second Amendment — the first federal appeals court in the nation to strike a state assault-weapons ban. The majority applied the Supreme Court’s ‘common use’ teaching from Bruen, Wolford, and Hemani, reasoning that broad prohibitions on a class of arms in common use for lawful purposes find no support in the Nation’s tradition of firearm regulation; a dissent argued states may ban ‘dangerous and unusual’ weapons like semiautomatic rifles. Scope: the en banc court went beyond the district court’s 2024 mixed ruling, holding the ‘assault firearm’ ban unconstitutional as to the full class of semiautomatic RIFLES (not just the AR-15) and striking the 10+ round magazine ban; it also REMANDED to the district court to assess the ban’s constitutionality as applied to other covered firearm types, such as semiautomatic pistols and shotguns.
July 17-18, 2026:
NJ Attorney General Jennifer Davenport called the decision ‘as unfortunate as it is legally incorrect’ and said the State is evaluating its legal options, which could include seeking further rehearing or petitioning the Supreme Court directly. As of July 19, 2026, no stay motion, rehearing petition, or certiorari petition had been docketed.
The ruling does NOT immediately legalize possession: New Jersey is expected to move to pause (stay) the decision pending further review — rehearing or a Supreme Court petition — and SCOTUS is already set to hear the Illinois/Connecticut assault-weapons cases (Viramontes/Grant) in fall 2026. Enforcement status is in transition: until the stay/mandate question is resolved, gun owners should not assume the AWB or 10-round magazine limit is immediately lifted.
2 Likes
The dems learned a lot from the IRGC… they will seem quieter, delay and drag this out by waiting until the last possible minute to attempt a sucker punch.
Personally, I think the 3rd will not stay or pause the decision, it seems to be pretty much settled. All NJ can do is take it up with SCOTUS, and the other pro gun ban circuits do not want that to happen.
They know they are boned.
It certainly is an interesting conundrum for NJ.
I seriously doubt they will appeal to SCOTUS. Alito heads over the 3rd Circuit. He’s pretty pro 2A.
The fact that it was an En-Banc ruling from the 3rd seems to make it unlikely that NJ will get a stay. But maybe.
I think right now they are having a really hard time figuring out to spin this as a right wing conspiracy, and they can’t seeing’s how 2 biden appointees ruled against the ban.
All NJ can do is take it up with SCOTUS, and the other pro gun ban circuits do not want that to happen.
Yeah that doesn’t matter. That kind of pressure would come up if there were no cases for SCOTUS to rule on. In this instance they have two waiting for cert that are still alive and kicking. The logic in not appealing would be to deny SCOTUS access to a case to make a ruling unfavorable to other states. It does not matter what NJ does, SCOTUS has access to cases to address the circuit split.
How long did it take before the sensitive places BS was enacted after Bruen?
Per AI:
Approximately 6 months (specifically, 182 days or about 6 months).
The U.S. Supreme Court released its decision in New York State Rifle & Pistol Association, Inc. v. Bruen on June 23, 2022. This ruling struck down “proper cause” requirements for concealed carry permits and established a new historical-tradition test for Second Amendment challenges.
In response, New Jersey Governor Phil Murphy signed A4769/S3214 (codified as P.L.2022, c.131) on December 22, 2022. This law expanded disqualifiers for carry permits and created an extensive list of “sensitive places” (e.g., schools, parks, beaches, libraries, museums, bars/restaurants serving alcohol, casinos, entertainment venues, health care facilities, and more) where carrying firearms is prohibited.
Suppose NJ does appeal to SCOTUS and they grant cert. Is that an automatic stay at that point? Also, does the mag ban case come with it?
My guess is…no. SCOTUS Cert. grants are not universally automatic stays.
As to whether it’s only AWB, or LCM, or both, that depends on what NJ files for.
Wars are not fought with “military style weapons”. I have done several searches for countries that issued the semi-auto AR-15 as their service weapons. Surprise! There are none.
The thing I’m curious about, the dems are really REALLY stuck on the AR being used in a war. As if, though it has never been used in a war, it may be used in some war. That begs the question: What kind of war do they see the mostly civilian owned AR being used in…
The “weapons of war don’t belong on our streets” claim never has the exemption (“except for state security forces”) tacked on when D’s say it, for some odd reason.
(A real photo, not AI-generated. Context: 2019 Jersey City shooting - Wikipedia)
Typical kool aid drinking democrat
Maintaining the misconceptions.
I was talking with a close friend who’s not a “gun person” yesterday about this, they were under the impression that decision legalized “automatic weapons” in NJ.
It’s not otherwise the AWB in illinois and CT would be stayed.
One thing I’ve learned from talking to these types of is people is that their lack of understanding isn’t necessarily an obstacle even if it is annoying. For instance I explained to a friend of mine at one point that AR15’s are semi automatic and that, for the most part, automatic weapons are illegal in this country. He just shrugged and basically said, “automatic, semi-automatic, whatever it’s called it should be illegal.” In other words, all he cares about is that AR15’s have been used in high profile school shootings and therefore should be illegal. Educating people doesn’t change their mind. Even if you point out that handguns are used in mass shootings more frequently, that’s not a gotcha moment for them bc they think those should be illegal too.