Third Circuit Ruling Stalls: New Jersey Fights to Keep Gun Ban Alive
New Jersey's Attorney General is fighting to keep the state's assault weapon and large-capacity magazine ban in place, despite a Third Circuit Court of Appeals decision two weeks ago that struck down both restrictions as unconstitutional. The appellate court has not yet issued its mandate—the formal order that would allow prohibited firearms and magazines to legally resume sales in New Jersey. The AG's delay tactic effectively freezes the court's ruling from taking practical effect.
Key Details
Timeline: The Third Circuit ruled against the bans approximately 14 days before the AG filed this request to hold up the mandate's issuance.
What's at stake: New Jersey's ban covers rifles classified as "assault weapons" and magazines holding more than 10 rounds. Legal sales of these items remain blocked pending the mandate's release and any further state action.
Legal mechanism: The AG is leveraging the mandate delay process—a procedural tool that prevents a ruling from becoming final law while appeals or additional motions remain pending.
Why It Matters for Gun Owners
If the court issues its mandate, New Jersey gun owners will gain legal access to AR-pattern rifles, AK variants, and standard-capacity magazines for the first time in years. Out-of-state buyers will be able to legally purchase and possess these items in the state. The AG's delay request is a holding action—it doesn't overturn the court's decision, but it prevents the practical remedy from taking effect immediately. Gun owners in New Jersey should expect further litigation; the state may seek en banc review or appeal to the Supreme Court. This is not a final victory until the mandate actually issues and any stay requests are exhausted.
DownRange Analysis
New Jersey's strategy is transparent: run out the clock and create procedural obstacles until a higher court or a different panel may reconsider. The Third Circuit's ruling already survived once; the AG is betting on delay and attrition. Under McDonald v. City of Chicago and District of Columbia v. Heller, categorical bans on commonly owned firearms face severe constitutional weight. The AG has no strong grounds to overturn the appellate decision on the merits—only procedural delays remain. Gun owners should monitor the docket for the mandate's issuance. Once it drops, expect a 30-day window before it becomes final. The AG will likely file for a stay or seek Supreme Court review. This fight isn't over, but the Third Circuit has already signaled which way the law is heading.
