Posted: 7/17/2026 1:40:09 PM EDT
[Last Edit: sbhaven][Edited]
Setting up the expected circuit court split, the 3rd circuit strikes down NJ's AWB and mag ban.
Firearms Policy Coalition FPC WIN: Third Circuit strikes down New Jersey's "assault weapon" and magazine bans in an en banc decision whose 192 pages include numerous concurrences and dissents: https://firearmspolicy.org/cheeseman
Kostas Moros I figured there was a high chance the Third Circuit would strike down the AWB. I would have never guessed a Biden judge would write the opinion. That makes me happy. I am so cynical about partisan judges, it restores some faith when they do stuff like this. Pay attention Ninth Circuit (besides Judge Owens - though I think AWB is a bridge too far for even him). The Opinion: https://assets.nationbuilder.com/firearmspolicycoalition/pages/6504/attachments/original/1784307428/2026.07.17_125_OPINION.pdf?1784307428 Applying the framework announced in New York State Rifle & Pistol Association v. Bruen, 597 U.S. 1 (2022), we agree with the District Court that New Jersey’s ban on Colt AR-15s violates the Second Amendment. However, because the record supports the same result for all semi-automatic rifles—not only Colt AR-15s—we will MODIFY the District Court’s order so that it deems the Assault Firearm Provisions unconstitutional with respect to the full class of semi-automatic rifles. We will AFFIRM that part of the order as modified. The LCM Provisions also violate the Second Amendment, so we will REVERSE the District Court’s order with respect to those. Because the LCM Provisions violate the Second Amendment, we need not address the Takings Clause challenge. We will REMAND these matters to the District Court for further proceedings, including for resolution of the Second Amendment challenge to the other models and types of firearms covered by the Assault Firearm Provisions. |
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Anyone who was ever charged and/or convicted of violating that law should be reimbursed all legal expenses and then double it to cover having their enumerated rights violated. And now do CT please. |
Grandfathering weapons only puts off until tomorrow what tyranny cannot accomplish today.
The only people made safer by gun control are criminals and tyrants.
The only people made safer by gun control are criminals and tyrants.
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Originally Posted By Andrapos: Hopefully this is a precursor to CT getting an epic SCOTUS beatdown. Fingers crossed. We just have to hope SCOTUS doesn't do what the 3rd Circuit just did with Cheeseman after ruling the AR-15 and other semiautomatic rifles cannot be banned. The 3rd Circuit did this: "We will REMAND these matters to the District Court for further proceedings, including for resolution of the Second Amendment challenge to the other models and types of firearms covered by the Assault Firearm Provisions." That just opens the door for more BS games by lower courts and leaves the feature bans in place for firearms other than rifles until a court strikes them down at some later time.  We need SCOTUS to put an end to AWB's in their entirety. From banned by name firearms to feature bans on rifles, pistols, shotguns and "others". PS: And to put an end to magazine bans as well. |
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1n 1994 the Clinton Crime Bill attempted to Ban the AR15 by banning by feature. Manufacturers removed the Bayonet Lug, Flash Hider and pinned Collapsible stocks. Suddenly the Feature Ban had no effect. The Clinton Crime Bill could only get passed with a 10 year period where it "sunsetted" at the end. Likely the thought process was that the anti-gunners had 10 years to make it permanent. They didn't but Connecticut did! Then along the way since CT piled more on the legislation making it more restrictive. CT residents have been deprived of their full Second Amendment Rights since 1994. Forced to comply with un-Constitutional horse shit for over 30 years! Meanwhile the criminals roaming the streets thanks to ineffective legislation are better armed than the average citizen are allowed. Then to top it off the bleeding hearts refuse to lock these criminals behind bars. |
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Originally Posted By Blaster3094: CT residents have been deprived of their full Second Amendment Rights since 1994. 1993. I was there and fought against it. |
Grandfathering weapons only puts off until tomorrow what tyranny cannot accomplish today.
The only people made safer by gun control are criminals and tyrants.
The only people made safer by gun control are criminals and tyrants.
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Originally Posted By Wobblin-Goblin: 1993. I was there and fought against it. Originally Posted By Wobblin-Goblin: Originally Posted By Blaster3094: CT residents have been deprived of their full Second Amendment Rights since 1994. 1993. I was there and fought against it. Yep, people forget (or don't know) that CT's initial AWB went into effect almost a year before the federal AWB did and didn't sunset like the fed AWB did (in 2004). CT's AWB (A 93‑306) became effective on October 1, 1993. Fed AWB became law on September 13, 1994. Always hated Lowell Weicker. First for flip flopping and signing the "temporary" income tax that has never gone away, then for signing the AWB. 
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Originally Posted By sbhaven: Fingers crossed. We just have to hope SCOTUS doesn't do what the 3rd Circuit just did with Cheeseman after ruling the AR-15 and other semiautomatic rifles cannot be banned. The 3rd Circuit did this: "We will REMAND these matters to the District Court for further proceedings, including for resolution of the Second Amendment challenge to the other models and types of firearms covered by the Assault Firearm Provisions." That just opens the door for more BS games by lower courts and leaves the feature bans in place for firearms other than rifles until a court strikes them down at some later time. We need SCOTUS to put an end to AWB's in their entirety. From banned by name firearms to feature bans on rifles, pistols, shotguns and "others". PS: And to put an end to magazine bans as well. Thomas and Alito are drooling over the opportunity to do so. They are big mad the lower courts and the states are ignoring previous rulings that IMO are pretty fucking clear. |
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Originally Posted By PGAEMU: Thomas and Alito are drooling over the opportunity to do so. They are big mad the lower courts and the states are ignoring previous rulings that IMO are pretty fucking clear. Oh no doubt that Thomas and Alito would love nothing better than giving a massive smack down to the inferior/lower courts who are treating 2A as a third class (let alone 2nd class) right. But if they did so, they'd likely loose some of the other justices (Roberts and Barrett for starters). Its why the 2A rulings are usually narrow and tempered somewhat and leave wiggle room for the lower courts to grasp onto and issue the garbage 2A rulings we've seen since Bruen. It will all come down to who writes the opinion and if they have to water it down, and keep it very narrow, to get several other justices on board with it. |
NJ has petitioned the 3rd Circuit for a stay pending outcome of Viramontes/Grant.
Firearms Policy Coalition FPC LEGAL UPDATE: New Jersey has asked the Third Circuit to stay its mandate in our win against its "assault weapon" ban until the Supreme Court's decision in Viramontes, saying that "sales appear to have begun in the State—with many more advertised to start after the mandate issues": https://firearmspolicy.org/cheeseman NJ's motion for stay: https://assets.nationbuilder.com/firearmspolicycoalition/pages/6504/attachments/original/1785508715/2026.07.31_128_D's_Motion_to_Stay_Mandate.pdf?1785508715 |
