Trenton, NJ – The U.S. Court of Appeals for the Third Circuit has granted New Jersey’s emergency request to stay its recent ruling that struck down the state’s decades-old bans on certain semiautomatic firearms and magazines capable of holding more than 10 rounds, ensuring the restrictions remain in force while the case heads toward the U.S. Supreme Court.
The order means New Jersey residents must continue complying with the state’s current assault weapons and large-capacity magazine laws despite the Third Circuit’s July decision declaring those restrictions unconstitutional under the Second Amendment.
The case, Association of New Jersey Rifle & Pistol Clubs v. Attorney General New Jersey, is widely viewed as one of the nation’s most significant gun-rights lawsuits and could ultimately help shape how courts nationwide evaluate bans on commonly owned semiautomatic firearms.
Stay keeps 36-year-old law in effect
The stay temporarily blocks implementation of the Third Circuit’s July 17 ruling while New Jersey prepares its petition asking the Supreme Court to hear the case.
Attorney General Jennifer Davenport welcomed Tuesday’s decision, saying it preserves stability while the legal challenge continues.
“We are thrilled that the Third Circuit this morning stayed its ruling in our assault weapons/large-capacity magazines case while our petition to the U.S. Supreme Court proceeds,” Davenport said.
“That ensures this 36-year-old law will remain in place as litigation continues—providing much-needed stability on the ground. We will continue to stand up for common-sense gun-safety laws in court.”
Without the stay, New Jersey officials had argued thousands of previously prohibited firearms and magazines could immediately enter the marketplace before the Supreme Court had an opportunity to review the case.
State attorneys maintained that if those firearms were legally purchased during that period, the consequences could not easily be reversed should the Supreme Court later uphold New Jersey’s restrictions.
Major Second Amendment battle heads to Supreme Court
The underlying lawsuit challenged New Jersey’s prohibitions on certain semiautomatic rifles commonly described in state law as assault firearms, along with the state’s prohibition on magazines capable of holding more than 10 rounds.
In July, the full Third Circuit ruled 10-5 that those restrictions violate the Second Amendment, handing gun-rights advocates one of their most significant appellate victories since the U.S. Supreme Court’s landmark decision in New York State Rifle & Pistol Association v. Bruen.
Rather than allowing that decision to immediately take effect, the appellate court has now agreed to pause its own ruling until the Supreme Court decides whether to hear New Jersey’s appeal.
The stay does not determine who ultimately wins the case. Instead, it preserves the legal status quo while higher courts review the constitutional issues involved.
Similar cases already before the Supreme Court
New Jersey’s appeal comes as the Supreme Court has already agreed to review two similar challenges involving assault weapon bans in other states.
The Court will hear Viramontes v. Cook County, challenging Cook County, Illinois’ assault weapon ban, and Grant v. Lamont, involving Connecticut’s restrictions on semiautomatic firearms.
Because those cases raise many of the same constitutional questions, legal observers expect the Supreme Court could hold New Jersey’s petition until it decides those matters.
The outcome of those cases could establish nationwide guidance for lower courts evaluating similar firearm restrictions enacted by states across the country.
What the ruling means for New Jersey gun owners
For now, nothing changes for firearm owners in New Jersey.
The state’s assault weapons ban remains fully enforceable, as do restrictions on magazines capable of holding more than 10 rounds.
New Jersey also continues to require prospective rifle and shotgun purchasers to obtain a Firearms Purchaser Identification Card, complete required safety components under state law and satisfy background check requirements before purchasing long guns.
State officials have cautioned that violations of New Jersey’s firearm statutes remain subject to criminal prosecution while the stay is in effect.
The Third Circuit’s order simply pauses the effect of its earlier ruling; it does not invalidate any existing criminal statutes.
The case is expected to remain active for months as New Jersey prepares its Supreme Court petition and the justices determine whether to accept review.
For both supporters and opponents of New Jersey’s firearm restrictions, the litigation represents one of the most closely watched Second Amendment cases in the nation.
FAQ
Does this mean New Jersey’s assault weapons ban has been overturned?
No. The Third Circuit has paused its earlier ruling, meaning New Jersey’s existing assault weapons ban and magazine capacity restrictions remain fully enforceable.
Can New Jersey residents legally buy magazines holding more than 10 rounds now?
No. Because the stay is in effect, the state’s current restrictions remain unchanged unless a future court order says otherwise.
Why did the court grant the stay?
The stay preserves the current law while New Jersey asks the U.S. Supreme Court to review the Third Circuit’s constitutional ruling.
What happens next?
New Jersey will file a petition asking the U.S. Supreme Court to hear the appeal. The Court may grant review, deny review or hold the petition while deciding similar cases already on its docket.
Local Impact
For New Jersey firearm owners, firearms dealers and law enforcement agencies, Tuesday’s decision means there is no immediate change in state gun laws. Residents must continue following existing restrictions on regulated semiautomatic firearms and magazine capacity, and prosecutors retain authority to enforce those laws while the litigation proceeds.
Sources
- U.S. Court of Appeals for the Third Circuit order granting stay
- New Jersey Office of the Attorney General
- Statement from Attorney General Jennifer Davenport
- Association of New Jersey Rifle & Pistol Clubs v. Attorney General New Jersey court filings
- U.S. Supreme Court docket entries for Viramontes v. Cook County and Grant v. Lamont
