Third Circuit Kills New Jersey Storage Law Again—Biden Judge Wrote It
The Third Circuit Court of Appeals rejected New Jersey's mandatory gun storage statute, dealing the state a second legal defeat on the same issue. Judge Stephanos Bibas, a Biden appointee, authored the majority opinion finding the law unconstitutional. The ruling strips New Jersey of one of its core gun control mechanisms and leaves state lawmakers without the federal court cover they need to defend it.
Key Details
- The Third Circuit (covering New Jersey, Pennsylvania, and Delaware) found the storage mandate violated the Second Amendment as applied to lawful gun owners.
- Judge Bibas led the majority, meaning the state cannot blame judicial ideology or Trump appointees for the loss.
- This is New Jersey's second courtroom loss on mandatory storage—the law survived initial challenge but failed on appeal.
- The ruling applies to the Third Circuit's jurisdiction, but similar laws in other circuits face identical constitutional pressure.
Why It Matters for Gun Owners
New Jersey gun owners now have a binding court ruling protecting their right to keep loaded firearms accessible for self-defense in their homes—the core holding of Heller. The Third Circuit's decision means the state cannot prosecute lawful owners for failing to lock up weapons in their own residences. For owners facing travel to or through New Jersey, this eliminates a trap law that previously criminalized keeping a firearm in working condition. The ruling also signals that courts across the country will block similar storage mandates, making this a significant precedent for neighboring states considering copycat legislation. Gun owners in Pennsylvania and Delaware operate under the same appellate court and receive identical protection.
DownRange Analysis
New Jersey's repeated losses on storage laws reveal a critical gap between anti-gun legislatures and constitutional reality. Even a Democratic-appointed federal judge recognized the law cannot survive Bruen scrutiny—the law fails the historical test because mandatory storage divorced from immediate self-defense has no founding-era analog. New Jersey's response will likely be more legislation, not compliance. Watch for the state to appeal or attempt a revised statute designed to withstand appellate review. For the broader 2A fight, this victory matters less because storage laws remain popular with centrist voters and Democratic legislatures. The real win is that courts are now systematically striking them down, state by state.
