On December 11, the United States Court of Appeals for the Third Circuit issued an order granting the en banc rehearing of Koons v. Platkin, the now well-known case challenging New Jersey’s sensitive places prohibitions on concealed carry. The en banc hearing is set for February 11, 2026.
Chief Judge Michael A. Chagares issued the two-page order based upon “…a majority of the active judges having voted for the rehearing en banc…” The order also notes that, “The opinion filed on September 10, 2025, amended on September 17, 2025, and the judgment entered on September 10, 2025 are hereby vacated.”
In October, plaintiffs appealed to the court, noting that “…the panel decision is contrary to a decision of the United States Court of Appeals for the Third Circuit and the Supreme Court of the United States.” It took the panel over two years to render a decision in which it made up its own standard for analyzing the laws, ignoring Supreme Court precedent.
The state countered by arguing vociferously against an en banc rehearing, telling the court to deny the request and claiming, “Plaintiffs have failed to identify any clear conflict between the panel’s decision with respect to the sensitive-place issue and the Supreme Court’s decisions in Bruen and Rahimi.”
As we’ve reported, the move to rehear the case en banc points to a potentially positive outcome for New Jersey gun owners. En banc hearings usually involve most or all of the active judges on a court, and often occur because the court believes the panel likely rendered an incorrect decision.
The makeup of the Third Circuit has recently swung to be more conservative, with a likely pro-Second Amendment ruling as an outcome. In July, Judge Emil Bove was appointed to the court, and in October, Judge Jennifer Mascott was appointed to the court. Both Trump appointees are considered to be conservatives. In total, the court has 14 active judges, with two appointed by President George W. Bush, three appointed by President Obama, three appointed by President Biden, and six appointed by President Trump across his two terms.
Should the gun rights groups representing gun owners across New Jersey lose during the rehearing, they will be able to appeal to the Supreme Court. Should they win, the state will be in the awkward position of appealing to a Supreme Court that has a pro-conservative majority, has already issued pro-Second Amendment rulings, and has indicated it would hear another case if there were a major circuit split.
