New Jersey lost big in the Third Circuit. The bans New Jersey still enforces every day are the same bans a full federal appeals court called unconstitutional. On November 4, 2026, the challengers answered New Jersey’s Supreme Court petition—and they are not giving that win back.
What the Third Circuit Did
On July 17, 2026, the en banc U.S. Court of Appeals for the Third Circuit held that New Jersey’s bans on common semiautomatic rifles—including AR-15-platform rifles—and on magazines that accept more than 10 rounds violate the Second Amendment. That is the core of the consolidated Cheeseman / ANJRPC litigation.
The opinion did not resolve every corner of New Jersey’s “assault firearm” statute. The court left the pistol- and shotgun-ban questions underdeveloped on the existing record. The rifle and magazine holdings are the heart of the decision—and they are the holdings that matter most for common-arms analysis in this circuit.
Firearms Policy Coalition’s case page tracks the docket, including the July opinion and what came next: FPC’s Cheeseman page.
A Paper Win Is Not a Lifted Ban
On August 4, 2026, the Third Circuit stayed its mandate while New Jersey sought Supreme Court review. That stay keeps both bans in force. New Jersey residents still live under laws a 10–5 en banc majority already held unconstitutional.
That is the hard lesson for anyone watching from Pennsylvania or anywhere else: a published appellate win is not the same thing as a ban that has actually been lifted. Enforcement continues until the stay ends and the mandate issues—or until higher-court process changes the picture.
New Jersey Goes to SCOTUS—And Asks for a Hold
On October 1, 2026, New Jersey petitioned the Supreme Court. The case is No. 26-452, Davenport v. Association of New Jersey Rifle and Pistol Clubs (captioned with ANJRPC and related respondents). The State asked the Court to hold the petition pending related AR-ban cases already on the Court’s calendar.
That hold request matters. New Jersey is not yet asking for an immediate, standalone merits fight on this docket. It is tying the petition’s disposition to cases the Court has already agreed to hear.
The November 4 Brief in Opposition
On November 4, 2026, respondents—including Firearms Policy Coalition and ANJRPC—filed a Brief in Opposition. They agree that holding the petition pending Viramontes v. Cook County (No. 25-238) and Grant v. Higgins (No. 25-566) is prudent. They also defend the Third Circuit judgment as correct on both the rifle ban and the magazine ban.
Read that carefully: the Brief asks the Court to hold the petition, not to deny it on the spot. Disposition is expected to track what the Court does in Viramontes and Grant. FPC’s announcement of the filing is here: FPC defends the Third Circuit victory at the Supreme Court.
December 2: The National Checkpoint
The Supreme Court is set to hear Viramontes and Grant on December 2, 2026. The question is whether the Second and Fourteenth Amendments protect the right to possess AR-15-platform and similar semiautomatic rifles. Duke’s Center for Firearms Law keeps a running SCOTUS tracker here: SCOTUS Gun Watch (11/02/2026).
Those arguments are the next national checkpoint for so-called “assault weapon” bans. They are not a vote prediction, and this post does not offer one.
Why Pennsylvania Gun Owners Should Care
Pennsylvania is in the Third Circuit. When that court treats common semiautomatic rifles and standard-capacity magazines as protected arms, that precedent is a live signal for “common arms” analysis in this circuit—including for Pennsylvanians watching Harrisburg.
It is a signal, not a forecast. This article does not predict how any Pennsylvania bill will fare. It does not tell anyone what Tree of Liberty will sell, transfer, deny, or do. It reports what the courts have already done, what remains stayed, and what the Supreme Court briefing now says.
Bottom Line
New Jersey lost on the merits in the en banc Third Circuit. The mandate is stayed, so the bans are still enforced. The State’s petition is teed up for a hold pending Viramontes and Grant. Respondents agree to that hold while defending the judgment below. Oral argument is December 2.
A paper win is not a lifted ban. Circuit precedent is still real precedent. Watch the docket—and keep the distinction clear.
This post is informational news and analysis, not individualized legal advice.