Updated September 1, 2026. Read this first.
New Jersey's assault firearms ban and 10-round magazine limit are still the law. Both are fully enforceable today.
On July 17, 2026, the Third Circuit struck both down. On August 4, the same court stayed its own ruling before it ever took effect. Nothing changed at the retail counter, and nothing changes until the Supreme Court acts.
Do not buy, sell, transfer, or bring into New Jersey any magazine over 10 rounds or any firearm classified as an assault firearm. Violations remain criminal offenses carrying serious prison exposure. If you read the original version of this article in July, the July 31 effective date it described never arrived.
In a 10–5 en banc decision issued July 17, 2026, the full U.S. Court of Appeals for the Third Circuit ruled that New Jersey's “assault firearms” ban and its 10-round magazine capacity limit violate the Second Amendment. It was the first federal appeals court in the country to strike down an assault weapons ban. But on August 4, the court granted the State's request to stay its own mandate pending Supreme Court review, so both bans remain in force. Here is what the ruling said, what happened to it, and what it means at the gun counter today.
The big picture
For 36 years, New Jersey has operated under one of the strictest firearms regimes in the nation. Since 1990, the state has banned a long list of semiautomatic rifles and shotguns it classifies as “assault firearms,” and capped magazine capacity, first at 15 rounds and then at 10 rounds under a 2018 law signed by Gov. Phil Murphy.
On Friday, July 17, 2026, the full bench of the Third Circuit appeared to bring that era to a close. In Association of New Jersey Rifle & Pistol Clubs v. Platkin, the court held that both the semiautomatic rifle ban and the large-capacity magazine restriction are unconstitutional under the Second Amendment as interpreted by the Supreme Court's 2022 Bruen decision.
Eighteen days later, the same court paused that judgment indefinitely. New Jersey remains ground zero in the national Second Amendment fight, but the state's laws remain exactly as they were.
Who, what, when, where and why
Who: The Association of New Jersey Rifle & Pistol Clubs, the Firearms Policy Coalition, and individual New Jersey gun owners, with litigation funded by the NRA, versus the State of New Jersey, defended by the Attorney General's office.
What: A 10–5 en banc ruling striking down New Jersey's ban on AR-15-platform and similar semiautomatic rifles, along with its prohibition on magazines holding more than 10 rounds.
When: Decided July 17, 2026. Stayed August 4, 2026, before taking effect.
Where: The U.S. Court of Appeals for the Third Circuit, covering New Jersey, Pennsylvania, Delaware and the U.S. Virgin Islands.
Why: Under Bruen, gun restrictions must be consistent with the nation's historical tradition of firearm regulation. The majority found that AR-15-style rifles and standard-capacity magazines are arms in common use for lawful purposes, and that New Jersey could not point to a historical tradition justifying an outright ban.
What actually happened after the ruling
The three weeks between the decision and the stay generated real confusion, and it is worth understanding because it explains why some New Jersey gun owners believed the law had changed.
- July 17 The Third Circuit issues its en banc decision.
- Late July The New Jersey State Police notify licensed dealers that the decision is effective July 31, and that the State Police and Attorney General's office are developing practical guidance.
- July 31 Instead of guidance, the Attorney General's office files a motion asking the Third Circuit to stay its own mandate. The filing automatically prevents the mandate from issuing while the court considers it. The State Police then tell dealers there will be no changes pending a ruling.
- August 4 The Third Circuit grants the stay.
The upshot: the July 31 date circulated widely, including in the original version of this article, and it never took effect.
What the stay actually says
This is the part that matters most, and it is more far-reaching than a typical pause.
The order holds the mandate pending the Supreme Court's disposition of the State's anticipated petition for certiorari. If the Supreme Court grants that petition, the stay remains in place through final disposition on the merits.
In plain terms, the bans stay enforceable not for a few weeks but until the Supreme Court finishes with the case. New Jersey's cert petition is due October 15, 2026, and the state may seek a 60-day extension from Justice Alito as circuit justice, which would push filing toward mid-December. The Supreme Court may also hold the petition while it decides the assault weapons cases already on its docket.
Realistically, that means the current law governs into 2027.
What this means at the counter today
- The 10-round magazine limit applies. Buying, selling, transferring or possessing a magazine capable of holding more than 10 rounds remains illegal in New Jersey.
- The assault firearms ban applies. Rifles and shotguns on the state's prohibited list, and firearms meeting the state's feature tests, cannot be sold or transferred to New Jersey residents.
- Do not bring standard-capacity magazines back from out of state. A lawful purchase in Pennsylvania or Delaware becomes a criminal offense at the New Jersey line.
- Nothing else changed. Permits, background checks, the FID card, handgun purchase permits, carry licensing and sensitive-place restrictions are all untouched by this litigation.
Every firearm we ship to a New Jersey address is screened against current state law. If a product cannot lawfully be transferred here, we will not transfer it here.
10 things you need to know
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1
The court took down two bans at once
While headlines focused on magazine capacity, the ruling struck both the 10-round cap and the state's core assault firearms ban on semiautomatic rifles like the AR-15.
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2
The vote was 10–5, and the author may surprise you
The majority opinion was written by Judge Arianna Freeman, a Biden appointee, joined by a coalition including Trump, Bush and Biden appointees. Judge Paul Matey filed a separate concurrence criticizing the state's repeated defenses of the laws.
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3
The case has been running since Bruen
ANJRPC and its co-plaintiffs sued in July 2022, weeks after the Supreme Court rewrote the test for gun laws. In 2024, a federal district judge struck the ban as applied to the AR-15 but left the magazine limit intact. Both sides appealed, and the full Third Circuit took the consolidated cases en banc.
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4
The laws date to 1990
New Jersey's original assault firearms law criminalized roughly 66 named rifles and shotguns plus firearms with certain features, with violations carrying up to 10 years in prison and $150,000 in fines. The Attorney General's office expanded the definitions in 1996, and the magazine cap dropped from 15 rounds to 10 in 2018.
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5
The magazine holding was sweeping
The majority concluded the Second Amendment's text covers all magazines, rejecting the state's argument that firearms function adequately with smaller ones. The court declined to treat capacity limits as mere accessory regulation.
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6
The July 31 effective date never arrived
This is the single most important correction to the original version of this article. The date came from a State Police notice to dealers, was later recharacterized by the Attorney General's office as the rehearing deadline, and was overtaken entirely when the stay issued on August 4. No New Jersey gun owner should have acted on it, and no one should act on it now.
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7
It created a circuit split, and that is a huge deal
Every other federal appeals court to rule on these bans has upheld them, a point Attorney General Jen Davenport emphasized in calling the decision “as unfortunate as it is legally incorrect.” A split between circuits is exactly the kind of conflict that pushes the Supreme Court toward a nationwide answer.
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8
The dissent warned of consequences
Judge Patty Shwartz, joined by colleagues, argued the bans fit a long tradition of regulating especially dangerous weapons in response to technology the founders could not have foreseen.
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9
The ruling has limits
It did not directly resolve New Jersey's restrictions on certain semiautomatic pistols and shotguns, though it instructed lower courts to apply its framework to those cases. Permits, background checks, carry laws and sensitive-place restrictions are all untouched.
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10
The Supreme Court gets the last word
The justices have granted certiorari in Viramontes v. Cook County and Grant v. Lamont, challenges to Illinois and Connecticut assault weapons bans, for the October 2026 term, on whether the Second Amendment protects AR-15-platform rifles. A decision is expected by mid-2027 and could cement the Third Circuit's ruling nationwide or unwind it.
What happens next
Four things to watch.
New Jersey's cert petition, due October 15, 2026, with a possible extension into December.
The Supreme Court's response, whether it grants, denies, or holds the petition pending Viramontes and Grant. A denial would dissolve the stay and put the Third Circuit's ruling into effect. A grant keeps the stay running through a merits decision.
The Viramontes and Grant arguments this fall, which will shape whether the Third Circuit's reasoning becomes the national baseline.
The Legislature, which could attempt replacement legislation if the bans ultimately fall.
The bottom line
New Jersey came within two weeks of the biggest change to its firearms law in a generation, and then the same court that ordered it hit pause. For gun owners, the practical situation today is identical to what it was in June: the assault firearms ban applies, the 10-round magazine limit applies, and both carry serious criminal penalties.
The case is genuinely historic and it may still change everything. But it has not changed anything yet, and acting as though it has is the fastest way to turn a favorable ruling into a felony charge.
We are tracking this case closely and will update this page when the status changes. If you are unsure whether a specific firearm or magazine is legal for you to buy in New Jersey today, ask us at the counter. That is a question we answer every day.
Last reviewed: September 1, 2026
Sources: U.S. Court of Appeals for the Third Circuit, ANJRPC v. Platkin (July 17, 2026); Third Circuit stay order (August 4, 2026); Association of New Jersey Rifle & Pistol Clubs litigation tracker; NRA-ILA; New Jersey State Police dealer notices, July and August 2026.
This article is for informational purposes only and is not legal advice. New Jersey firearms law is changing rapidly. Confirm current requirements with official New Jersey State Police or Attorney General guidance, or with a licensed attorney, before buying, selling or possessing any regulated firearm or magazine.