ANJRPC - Daniel Schmutter’s analysis of the decision is out - nothing new IMO:
…It is expected that the Third Circuit will issue what is referred to as its Mandate on or around August 10, which constitutes the appeals court’s directive to the trial court to go ahead and implement its ruling. Thereafter, the trial court is expected to enter a permanent injunction, prohibiting New Jersey from enforcing these laws. The trial court would also, at some point, provide the parties with a schedule for addressing the two remaining unresolved issues.
Prior to the issuance of the Mandate, New Jersey could decide to ask the Third Circuit to delay or “stay” the implementation of its ruling in order to ask the Supreme Court to review this decision. If the Third Circuit rejects such a stay request, New Jersey could then may the same request of the Supreme Court. Neither court is required to grant such a stay request.
Until the ruling makes its way back down to the lower court, New Jerseyans are advised to exercise patience. ANJRPC will continue to keep members apprised of continuing developments, including notifying folks when the permanent injunction from the trial court finally prohibiting enforcement of these laws is in place.
Please let me know if you find a way to get those kind of stats.
Several years ago I was trying to come up with a way to determine number of charges/convictions for specific firearms laws and couldn’t, and neither could Nappen’s office when I asked one of their attorneys via US Lawshield service.
July 23, 2026: the AG’s office clarified — walking back its earlier ‘effective July 31’ statement — that under Federal Rules of Appellate Procedure 40 and 41, July 31 is the deadline for New Jersey to petition for rehearing, and the decision becomes effective seven days later, on or about August 7, 2026. ANJRPC’s attorney Daniel Schmutter said the Third Circuit clerk’s office told him the mandate is expected to issue August 10, 2026; the mandate — not the opinion itself — is what directs the district court to implement the ruling and spell out precisely what is enjoined. Bottom line: the AWB and 10-round magazine limit remain enforceable through at least early August 2026 — July 31 is the rehearing-petition deadline, NOT the date the bans fall; the ruling takes effect when the mandate issues (~August 7-10) absent a stay, rehearing petition, or certiorari filing.
Love that this judgement is inducing “divide by zero” mental problems out there:
(run it through archive.is if you want to read the whole article)
…Although Freeman is very much a liberal judge, this was not a grudging application of Heller and Bruen. She went all-out, enthusiastically applying a maximalist interpretation of Supreme Court precedents. She even expanded the holding beyond Colt AR-15s, which is what the district court had focused on, and applied her judgment to all assault rifles across the board. And she granted sweeping protections to large-capacity magazines, which are magazines that hold more than 10 rounds. Both assault rifles and large-capacity magazines are heavily favored by mass shooters because they inflict catastrophic damage on the human body in a very short amount of time. So this is a very extreme and dangerous opinion. …
…These judges do have an important perspective to share on the way that overcriminalization can have a horrible impact on minority communities. I supported pulling more public defenders onto the bench, and I still think that overall, it has a lot of benefits. But here, what this translates into, in my view, isn’t going to be racial justice; it merely prevents us from using the democratic process to protect our communities from mass slaughter. …
Understand the difference of a federal court and a lower district STATE court. United States district court state of NJ
The mag ban assault weapons ban was originally decided in a state district court. Which they messed up so bad that the cases combined were appealed to United States federal court 3rd circuit. Two different courts. 3rd circuit federal court has to by law remand or send its decision back to the original court to be fixed. Not heard not argued. Fixed. Remand. It’s not an option. NJ district court must abide by the higher courts. This process is a legal formality but is very important. In turn the lower court must make the state follow the ruling. If this step was not taken it leaves the state room for interpretation.
Essentially this is why you will hear the August dates for the green light.
To my knowledge the state has not applied for a stay.
Yet our MORON governor who is a self proclaimed expert shot and very knowledgable on weapons continues to call these assault weapons. I’m not taking away anything from her military service, but they built her up like she was a badass helicopter pilot, but in reality she flew search and rescue.
Moreover, as Judge Krause’s dissent points out, “[c]irculation data reveals only how many units of a weapon manufacturers have pumped into the marketplace, not how many people have actually chosen to keep and bear the weapon.” That, she explains, incentivizes manufacturers to flood the market… so weapons secure constitutional protection before legislators can regulate them.
That last line there tells you everything you need to know. democrats want to kill new tech in the womb before contemporary firearms become in common use.
What did the framers mean by common use anyway? all firearms were in common use in 1776, there was never a military only firearm. So, perhaps common use means; used by the militias and the militias got absorbed into the NG making M4s in common use. So does that mean we get select fire M4s?
I have read the second amendment a couple times and nowhere does it say “The right to bear arms in common use shall not be infringed”
Dunno how ChatGPT can divine the NJ/NJOAG strategy, but whatever.
This is weird though - IF NJ’s strategy was to keep these laws in continuous effect as long as possible then they should have already applied for a stay as soon as the judgement came out. That way if the 3rd circuit said “No”, they could have gone right to SCOTUS and possibly not had a “gap” where the laws became unenforceable.
Now if the 3rd circuit does say “No”, we’d probably cross the 08/7 date before SCOTUS could possibly review and issue a stay, meaning that the laws would become unenforceable for however long between Mandate and when SCOTUS would issue a stay.
Either NJOAG is just running around with their hair on fire, or they don’t intend to ask for a stay from either 3rd or SCOTUS.
This was my theory, but only as it pertains to the magazine part. Appealing the AWB decision is really inconsequential because SCOTUS is already looking at AWB cases in the immediate future. They held over a magazine case, but that doesn’t mean it will be heard during this term either. If NJ appeals this case, SCOTUS could consolidate everything INCLUDING the magazine part. So if NJ chooses not to appeal, NY, Mass., CO, etc get to keep their magazine bans for at least another 18 months or longer. Anyway, I’m like 50/50 on whether it’s this or theyve just decided to move on to some new infringement.
