TRENTON, N.J. — On July 17, the Third Circuit Court of Appeals issued a ruling that addressed a New Jersey “assault weapons” and magazine ban, but has nationwide significance. Yet, more than two weeks on, residents and FFLs alike have more questions than answers on what that ruling means with regard to practical everyday issues. Here is where we are.
The July 17 decision by the en banc court was a 10-5 ruling that found New Jersey’s “assault weapons” ban to be unconstitutional with respect to the “full class of semi-automatic rifles,” and additionally determined that New Jersey’s ban on “Large Capacity Magazines” (any magazine holding more than 10 rounds) is likewise unconstitutional.
Gun owners rushed to stores assuming they could immediately purchase these previously banned items, and in some cases, according to social media posts, they were able to find them for sale.
However, other FFLs took a more cautious approach, understanding that the ruling was not an order that changed New Jersey law, but rather invalidated it based upon its constitutionality – a distinction without a difference for some.
Further complicating the legal landscape was the Third Circuit’s decision to remand a portion of the case back to the district court “for resolution of the Second Amendment challenge to the other models and types of firearms covered by the Assault Firearm Provisions.” In layman’s terms, this ruling settles the question for semi-automatic rifles, but the banned pistols, shotguns, and other firearms on the state’s list still face more legal proceedings before New Jersey gun owners have clarity.
For their part, the office of the attorney general has added additional confusion. Their press statement disagreeing with the court’s decision and calling it “legally incorrect” was fully expected, but the office’s communication on the effective date of the court’s ruling was particularly confusing, asserting, “The Third Circuit’s decision is effective July 31, 2026,” but providing no citation for the date, as reported by John Petrolino over at Bearing Arms.
The AG’s office promised FFLs “additional guidance” by July 31, but instead of issuing guidance, the AG filed a motion with the Third Circuit asking the court to stay its own ruling striking down the state’s ban, arguing that the stay “…does not require the Court to rethink its decision on the merits in any respect. It merely requires this Court to follow its time-honored standards for staying its own mandates.” A stay for the sake of a stay.
Subsequently, on August 1, we broke the news that the New Jersey State Police Firearms Investigation & Licensing Bureau (which reports to the office of the attorney general) sent the following message to New Jersey FFLs:
Please be advised that the Office of the Attorney General (OAG) has filed for a stay regarding the Third Circuit’s decision in ANJRPC v. Platkin. Consequently, there will be no changes until a ruling is issued on August 7, 2026.
This publication reached out to the OAG’s office to ask for clarification on that statement, and they responded stating, “Pursuant to Federal Rules of Appellate Procedure 40 and 41, the State had until July 31 to petition the court, and then seven days later on August 7 is the when the decision is effective, depending on the result of the motion filed Friday for a stay of the Third Circuit’s mandate, pending submission of the State’s petition for certiorari to the U.S. Supreme Court.”
However, that statement begged additional questions, which we posed to the AG:
Although a stay has been applied for, no stay has been issued. In light of the Third Circuit’s decision in this case, what is the OAG’s position in regard to what presiding law is currently?
The AG’s office has not yet responded to that question. Legal experts tell us that while the challenged law is technically unenforceable, a denial for a stay will be a more solid legal footing for New Jerseyans.
Yet, in spite of this seemingly rosy background, most FFLs are being cautious. Some have told us they have no plans to sell standard capacity magazines or full-functioning AR-15s, perhaps seeking to avoid risk and wanting to see a final disposition from the nation’s higher court.
News2A contributor and NRA State Director, Joe LoPorto, gave a lengthy YouTube interview with Jay Costa in which he discussed the various options the state has.
Friday, August 7, will be a date to watch as New Jersey’s options will significantly narrow. Stay tuned.
