Third Circuit Stays Landmark Ruling Against New Jersey’s Magazine Ban
The brief order pauses enforcement of the court’s mandate while the state prepares a petition for a writ of certiorari to the U.S. Supreme Court. As a result, New Jersey’s longstanding limits on magazines holding more than ten rounds—and its parallel ban on certain semiautomatic rifles—remain in effect for the time being.
The stay represents a procedural setback for gun-rights advocates who had celebrated the Third Circuit’s earlier ruling as a major victory for the Second Amendment. It does not reverse the merits decision. Instead, it preserves the status quo while higher-court review plays out.
Background of the Challenge
New Jersey’s magazine-capacity restrictions date back more than three decades. The state first limited large-capacity magazines in 1990. In 2018, lawmakers tightened the law further, defining “large capacity ammunition magazines” as those capable of holding more than ten rounds and generally prohibiting their possession. Parallel statutes ban a list of “assault firearms,” including AR-15-style rifles and firearms deemed substantially identical to listed models.
These laws faced repeated legal challenges. The primary cases consolidated before the Third Circuit involved the Association of New Jersey Rifle and Pistol Clubs (ANJRPC), supported by the National Rifle Association, along with other plaintiffs including those backed by the Firearms Policy Coalition. Plaintiffs argued that both the magazine limits and the assault-firearm restrictions violate the Second Amendment as interpreted by the Supreme Court in District of Columbia v. Heller (2008) and New York State Rifle & Pistol Association v. Bruen (2022).
The July 17 En Banc Decision
Sitting en banc, the full Third Circuit ruled 10-5 on July 17 that the challenged laws are unconstitutional. Writing for the majority, Judge Arianna J. Freeman applied the Bruen framework, which requires the government to demonstrate that a modern firearm regulation is consistent with the nation’s historical tradition of firearm regulation.
The court held that semiautomatic rifles and magazines capable of holding more than ten rounds are “in common use for lawful purposes.” Millions of law-abiding Americans own such firearms and magazines for self-defense, sport, and other legitimate activities. Because these arms fall within the plain text of the Second Amendment, the burden shifted to New Jersey to justify the bans with historical analogues. The majority found no relevantly similar tradition of completely prohibiting commonly owned arms or standard-capacity magazines from the Founding era or Reconstruction.
The decision expanded a lower-court ruling that had invalidated the ban only as applied to Colt AR-15 rifles. The Third Circuit held that the constitutional protection extends to the broader category of semiautomatic rifles covered by the state statute. It also reversed the district court’s decision upholding the magazine restrictions, marking the first time a federal appeals court had invalidated a state large-capacity magazine ban on Second Amendment grounds. The ruling created a clear circuit split with other federal appellate courts that had previously upheld similar laws.
The State’s Request and the Stay Order
New Jersey Attorney General Jennifer Davenport promptly signaled the state’s intent to seek Supreme Court review. On July 31, the state moved the Third Circuit to stay issuance of its mandate—the formal order that would have directed the district court to implement the ruling and enjoin enforcement of the bans.
The Third Circuit granted the stay on August 4. The order provides that issuance of the mandate is stayed pending the Supreme Court’s disposition of the state’s anticipated petition for certiorari, or until the time for filing such a petition expires. If the Supreme Court grants review, the stay remains in place until final disposition on the merits. The court also directed the parties to file periodic status reports.
Davenport welcomed the decision, stating that it ensures the “36-year-old law will remain in place as litigation continues—providing much-needed stability on the ground.” She reiterated the state’s commitment to defending what she described as common-sense gun-safety measures.
Implications for New Jersey Gun Owners
While the stay is in effect, New Jersey residents and licensed dealers must continue to treat the existing magazine-capacity and assault-firearm restrictions as fully enforceable. Possession, transfer, or sale of prohibited magazines or listed firearms remains subject to state penalties. Advocacy groups, including ANJRPC, have cautioned gun owners against taking any action based on the July 17 merits ruling until the stay is lifted and the mandate issues.
The earliest realistic window for the bans to be lifted would come only after the Supreme Court either denies certiorari or rules against the state on the merits—processes that could take many months. The state’s cert petition is currently due by mid-October, though extensions are possible. The Supreme Court has already agreed to hear related challenges to assault-weapon bans from Illinois and Connecticut, raising the possibility that New Jersey’s case could be held pending those decisions.
Broader Second Amendment Context
The Third Circuit’s July ruling was widely viewed as a significant expansion of post-Bruen Second Amendment protections. By holding that both the arms themselves and the magazines that come standard with them are protected, the court rejected the government’s attempt to redefine common, lawfully owned equipment as somehow outside constitutional coverage. The decision also underscored that historical tradition, not modern policy preferences or statistical claims about public safety, governs the analysis.
Gun-rights organizations have emphasized that a stay is a routine procedural step in high-stakes constitutional litigation and does not diminish the strength of the underlying opinion. At the same time, the stay highlights the practical reality that lower-court victories often require further appellate confirmation before they deliver tangible relief to citizens.
Looking Ahead
The next phase will unfold at the Supreme Court. New Jersey will file its petition arguing that the Third Circuit erred and that the circuit split warrants review. Plaintiffs will urge the Court either to deny certiorari—allowing the favorable Third Circuit decision to stand—or to grant review and affirm the ruling on the merits.
Until the high court acts, New Jersey’s magazine ban and related restrictions remain the law of the state. The Third Circuit’s stay preserves that status quo, but the constitutional analysis that produced the July 17 decision continues to stand as a powerful statement that the Second Amendment protects the arms and accessories most commonly chosen by law-abiding Americans for lawful purposes. The ultimate resolution of these questions will shape firearm policy not only in New Jersey but across the nation.