We won! 3rd circuit strikes down NJ's AWB and Mag bans (Page 1 of 2)
Posted: 7/17/2026 1:25:47 PM EDT
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More info to follow after I finish reading the 192 page decision. https://storage.courtlistener.com/recap/gov.uscourts.ca3.123103/gov.uscourts.ca3.123103.125.0.pdf |
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Originally Posted By fly223: Does this new ruling do anything for flash hiders, lugs, stocks, etc.? |
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Originally Posted By Demeroma: The evil features weren't addressed but NJ's ban on substantially identically firearms is unconstitutional. So the 3rd Circuit will have the district court issue a ruling. In other words the 3rd circuit said our firearms can't be banned! This is great news for us here! Great job to all 2nd. Amendment foundations! |
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Originally Posted By GonnaNeedaBiggerBoat: This sounds like excellent news, but since it's PRNJ I'll wait to get excited until I can walk into Bob's and buy a real AR with 30s Agree fantastic news but I’m sure the filthy gun grabbers in Trenton aren’t going to take this without a fight. We can’t possibly despise them enough! |
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Originally Posted By GonnaNeedaBiggerBoat: This sounds like excellent news, but since it's PRNJ I'll wait to get excited until I can walk into Bob's and buy a real AR with 30s Third Circuit Strikes Down New Jersey's 'Assault Firearm' and Magazine Bans |
 MASSIVE BREAKING NEWS! FEDERAL COURT FINALLY RULES THAT AR-15 BANS ARE UNCONSTITUTIONAL! |
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This is great news! I have some 12 round magazines that the gun shop blocked to 10 rounds. One of those magazines’ block rattles a little. An over zealous LEO could probably force an 11th round into it and make me a felon, but not anymore! I hope the 3rd Circuit addresses the Carry Bans soon. |
"One day, your body will become your priority whether by choice or by consequence" - PK
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Originally Posted By Fleece-Johnson: Congratulations NJ. Trying to understand. Was a stay issued? Or just remanded the other named assault weapons back to the lower courts. If no stay was issued, why am I reading "not just yet"?  Breaking: 3rd Circuit Overturns New Jersey's Assault Weapons Ban | Here's the Full Story |
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Originally Posted By Demeroma: No stay was issued .... as of yet. This video does a decent job of explaining the situation.  https://www.youtube.com/watch?v=aSJrNh4osYkHow likely is it that a stay will be granted? Doesn't the 3rd circuit have to do that? |
 NJ Magazine Ban OVERTURNED: Can You UNPIN Now? |
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Even when I win (Lucky_dog days or compete) I am skeptical and pessimistic of the positive outcome. Seems my joy is always short lived, very short. I would count on every push back - legal or intentionally unconstitutional - this state can scheme up. We re dealing with fanatics who pride themselves, live for the "ah hah I got you", anything to hamstring you, they will pee on your back and tell you it is raining.They are used to a rigged game, they live to cheat Hey let's enjoy the "rush" while it lasts. Viva all those who fought the fight and those who contributed time and especially the big $$$! |
"All those moments will be lost in time, like tears in rain... Time to die." - Roy Batty/Rutger Hauer
"Never scratch your ass with a broken bottle." - Anon.
"Never scratch your ass with a broken bottle." - Anon.
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Originally Posted By eyesoffire0: No stores are selling 30 rders and no online company will ship 30rders to NJ Oh, really? https://shop.rtsponline.com/products/magazines-magpul-mag557-blk-873750006178-4646 ETA: Link is 30 round magazine from and NJ retailer. |
"One day, your body will become your priority whether by choice or by consequence" - PK
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Originally Posted By Whamo: Oh, really? https://shop.rtsponline.com/products/magazines-magpul-mag557-blk-873750006178-4646 ETA: Link is 30 round magazine from and NJ retailer. Originally Posted By Whamo: Originally Posted By eyesoffire0: No stores are selling 30 rders and no online company will ship 30rders to NJ Oh, really? https://shop.rtsponline.com/products/magazines-magpul-mag557-blk-873750006178-4646 ETA: Link is 30 round magazine from and NJ retailer. Anyhow, last I heard was that the mags they are selling are only pre-orders. Please correct me if I'm wrong. Several online sellers have posted their congratulations on the win but are still waiting on their legal departments to advise them when they'll be able to ship mags and other products to NJ. For the PSA lovers / haters, they're one of the retailers in question. I mention PSA because they're an Arfcom industry partner. As I posted earlier, the mag ban is probably unenforceable due to this past Friday's decision but ...... there has not been any official word from NJ to the police or prosecutors providing any guidance about the 3rd circuit En Banc's decision. So you may still have to take the ride if some LEO or overzealous prosecutor wants to put you through the ringer. Yes, the 3rd Circuit ruled the AWB and mag bans unconstitutional. They also remanded the shotgun and pistol portion to Judge Bumb at the 3rd District court to take the 3rd Circuit En Banc decision into consideration before issuing a mandate. In the mean time New Jersey's Attorney General is considering her options on what to do. NJ's AG can give up and go by the decision released on Friday or she can ask the 3rd Circuit En Banc and / or SCOTUS for a stay. If a stay is granted by either court then the status quo remains - meaning that the AWB and mag bans remain in effect until either court decides otherwise. If a stay is not granted by August 10th then the District court will issue its mandate along the guidelines in the 3rd circuit's En Banc decision. Until the mandate is released, the AWB and mag bans are technically and legally in effect in New Jersey. We are all adults and can do what we want to. Just be aware of any possible consequences before that mandate is issued. |
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Originally Posted By Demeroma: NJ can appeal to SCOTUS but if they don't NJ can make owning semi-auto's harder by requiring licensing. Which only really effects the low income people they claim to support. I can cover fees and taxes although I see it as illegal. |
Wake up Every Day and Try Harder.
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Senate President Scutari Statement on Third Circuit Decision Invalidating Assault Weapons Ban Home Posted on July 20, 2026 TRENTON Senate President Nicholas P. Scutari (D-Union/Somerset) issued the following statement in response to the Third Circuit Court of Appeals' ruling invalidating New Jersey's restrictions on assault weapons and high-capacity magazines: "The Third Circuit Court's decision to overturn New Jersey's effective, nation-leading ban on assault rifles and high-capacity magazines is a misguided, calculated attack on public safety and common sense firearm restrictions. Over decades, New Jersey has meticulously balanced constitutional rights with the fundamental right of every person to live safely and freely, enacting gun safety regulations that have helped us achieve one of the lowest gun death rates in the nation. Going back on this progress will only endanger our communities and perpetuate the gun violence epidemic we have worked tirelessly to address. "Any reasonable person understands that weapons of war have no place in a civil society. That is why every other federal circuit court to consider this issue has upheld the law on its merits. No child deserves to be gunned down in a classroom, no grandparent should be targeted while shopping for groceries, and no first responder should have to witness the devastation these weapons inflict on innocent people. Protecting our communities should always take precedence over expanding access to weapons designed for mass killing. "With overwhelming public support, we will continue to fight injudicious decisions like this to ensure that New Jersey continues to safeguard every resident and serves as a national model for effective firearm safety laws. 
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All New Jersey FFL's got this today about the semi-auto rifle and mag bans being unconstitutional. I have no idea where the NJSP got July 31st from because the mandate from the District court isn't due until August 10th. ETA: The above graphic is courtesy of the New Jersey Firearm Owners Syndicate (NJFOS) |
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Originally Posted By Demeroma: All New Jersey FFL's got this today about the semi-auto rifle and mag bans being unconstitutional. https://www.ar15.com/media/mediaFiles/93999/Opera_Snapshot_2026-07-21_120042_sconten-3798826.png I have no idea where the NJSP got July 31st from because the mandate from the District court isn't due until August 10th. Wait What The Police don't know the law? GTFO no way there must be some typo or mistake . And for what it's worth 99% of the Police in NJ would love nothing more than to keep the gun laws in NJ in tact, and of course have an exemption for them like the original law had in it. |
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Originally Posted By DrywellDweller: https://www.tickcounter.com/countdown/10950866/nj-firearms-freedom Tick Tock! 
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Sounds like OAG is admitting defeat Here |
Originally Posted By DK-Prof:
Stop talking about dicks, you creepy retards.
Stop talking about dicks, you creepy retards.
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It sure does sound like it. What I don't like is that the AG hasn't immediately issued a directive the way Platkin did doing away with "justifiable need" the day after Bruen was decided. |
Dan Schmutter on Cam & Co. NJ Firearms Attorney Breaks Down Third Circuit's Huge Ruling on Semi-Auto/Mag Bans |
NJFOS members Joe LoPorto and Jay Costa. Is New Jersey STILL Behind Enemy Lines? AWB & Mag Limit Update | Behind Enemy Lines Ep. 7 |
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Originally Posted By Demeroma: NJFOS members Joe LoPorto and Jay Costa. https://www.youtube.com/watch?v=K4uObvxAJ74Solid post 
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Originally Posted By jameshartman123: I know the shotgun and pistol part is being sent back to the lower court to be straightened out but is the mag capacity of a shotgun still enforceable or is that over also ? |
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Two articles worth reading. After string of legal setbacks, New Jersey lawmakers weigh how to proceed on guns Assembly Majority Leader Lou Greenwald has a more concrete proposal: his long-languishing bill to mandate gun owners store their firearms unloaded and locked inside their homes or face stiff penalties. That bill, A3560, has been floating around the statehouse since 2021 but has never reached a full floor vote. Greenwald told POLITICO the bill was "the next thing I'm looking to do" on gun safety. politico.com For what it's worth, the Heller decision already said that's unconstitutional.  NJ AG Backtracks on Date of Gun and Magazine Ban's Demise A spokesperson for Davenport's office previously said, "The Third Circuit's decision is effective July 31, 2026." They continued by noting that the attorney general is "working on guidance to inform both the law enforcement community and the public about the effect of the decision." When Bearing Arms reached out for further clarity, the office responded with an update. "We have until July 31, 2026 to petition the court for rehearing, and then seven days later on August 7, 2026 is the (sic) when the decision is effective," a spokesperson for the attorney general said. "This is pursuant to Federal Rules of Appellate Procedure 40 and 41." It appears the court might be talking business days and the attorney general's office is talking calendar days. Regardless, New Jersey gun owners should be getting guidance from the attorney general prior to or on one of those dates. bearingarms.com More confusion from New Jersey.  |
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Nothing new in this ANJRPC / Dan Schmutter detailed analysis. https://cdn.ymaws.com/www.anjrpc.org/resource/resmgr/docs/third_circuit_rules_magazine.pdf |