Third Circuit Orders New Briefing As New Jersey’s AR-15 Ban Defense Starts To Crack

The Third Circuit just put New Jersey’s AR-15 and magazine ban case back under the spotlight.

In a July 6 order entered at the direction of the en banc court, the U.S. Court of Appeals for the Third Circuit invited the parties in the consolidated Cheeseman / ANJRPC challenge to file supplemental briefs addressing the impact, if any, of the Supreme Court’s recent Second Amendment decisions in Wolford v. Lopez and United States v. Hemani. Those briefs are due July 10 at noon, are limited to 1,500 words, and the court made clear that extensions will not be granted absent truly exceptional circumstances.

That is a major development in one of the most important Second Amendment cases currently pending in the lower courts.

Why Wolford And Hemani Matter To New Jersey’s Gun Ban

As AmmoLand previously reported, Wolford may have punched a serious hole in New Jersey’s defense of its so-called “assault firearms” ban. The key issue is whether New Jersey can force gun owners to prove AR-15s and similar semiautomatic rifles are protected before the state has to justify banning them. Wolford strengthens the argument that the first question is simpler: does the law regulate “Arms”? If so, the Second Amendment is already in play.

That is a problem for Trenton.

New Jersey is not regulating some obscure device. It is banning rifles owned by millions of Americans for lawful purposes, including self-defense, target shooting, training, and competition. It is also restricting magazines that gun owners correctly call standard capacity, not “large capacity.”

Mark Smith Predicts A Major Second Amendment Ruling

Mark Smith, host of The Four Boxes Diner and a constitutional attorney, called the Third Circuit’s new order “a huge order” and said it may reveal where the court is heading. Smith believes the court “fully intends to move forward” instead of waiting for the Supreme Court to decide the newly granted AR-15 cases, Viramontes v. Cook County and Grant v. Higgins.

On June 30, the Supreme Court granted certiorari in Viramontes and Grant, consolidating the cases to decide whether the Second and Fourteenth Amendments protect possession of AR-15 platform and similar semiautomatic rifles. That case is now the big one. Every anti-gun state with a rifle ban is watching it. Every gun owner should be watching it too.

But the Third Circuit may not be waiting.

The Ninth Circuit recently vacated submission in Miller v. Bonta, the California “assault weapon” case, pending the Supreme Court’s resolution of Viramontes and Grant. The Ninth Circuit effectively hit pause. Smith contrasted that with the Third Circuit’s fast briefing order and argued the Third Circuit may be preparing a “very powerful pro-second amendment ruling.”

At minimum, the order shows the en banc Third Circuit is actively working the case and wants the parties to explain how the Supreme Court’s newest gun-rights rulings affect New Jersey’s ban. If the court intended to shelve the case completely until SCOTUS acts, it would not need urgent briefing on Wolford and Hemani.

A Pro-2A Ruling Could Shape The Supreme Court’s AR-15 Case

For gun owners, the stakes are enormous. A pro-Second Amendment Third Circuit ruling would immediately change the legal battlefield. It could create or deepen a circuit split. It could give the Supreme Court a serious originalist roadmap before it hears Viramontes and Grant. And it could put New Jersey’s gun-control machine on defense at the worst possible time for the anti-gun lobby.

Wolford reinforced that courts cannot smuggle gun-control assumptions into the first step of the analysis. Hemani again reminded the government that it bears the burden when it tries to disarm the people.

Now the Third Circuit has asked what those decisions mean for New Jersey’s AR-15 and magazine bans.

The answer should be obvious: commonly owned rifles and standard-capacity magazines are protected by the Second Amendment.

Supreme Court’s Wolford Decision Could Blow A Hole In New Jersey’s AR-15 Ban Defense

Why the Third Circuit Is Sitting on the Cheeseman and Koons Cases — They’re Waiting for SCOTUS

About Duncan Johnson:

Duncan Johnson is a lifelong firearms enthusiast and unwavering defender of the Second Amendment—where “shall not be infringed” means exactly what it says. A graduate of George Mason University, he enjoys competing in local USPSA and multi-gun competitions whenever he’s not covering the latest in gun rights and firearm policy. Duncan is a regular contributor to AmmoLand News and serves as part of the editorial team responsible for AmmoLand’s daily gun-rights reporting and industry coverage.