NJ AG Backtracks on Date of Gun and Magazine Ban’s Demise

The New Jersey Office of the Attorney General gave a statement about forthcoming enforcement dates on the Third Circuit ruling. The office has just backtracked a little with a new update.

As previously reported, New Jersey Attorney General Jennifer Davenport’s office gave Bearing Arms a statement about an enforcement timeline on the recent U.S. Third Circuit Court of Appeals decision. The court invalidated New Jersey’s laws on so-called “assault weapons” and magazine capacity limits. There’s been a lot of speculation on when the ruling is actually in effect and there’s new insight on when to expect guidance from Davenport’s office.

The case, Association of New Jersey Rifle and Pistol Clubs v. Attorney General, was decided by the Third Circuit Friday, July 17. The case is a consolidation that includes Cheeseman v. Attorney General and Ellman v. Attorney General.

A spokesperson for Davenport’s office previously said, “The Third Circuit’s decision is effective July 31, 2026.” They continued by noting that the attorney general is “working on guidance to inform both the law enforcement community and the public about the effect of the decision.”

When Bearing Arms reached out for further clarity, the office responded with an update.

“We have until July 31, 2026 to petition the court for rehearing, and then seven days later on August 7, 2026 is the (sic) when the decision is effective,” a spokesperson for the attorney general said. “This is pursuant to Federal Rules of Appellate Procedure 40 and 41.”

Rule 40 pertains to the timeline a party may seek a “panel rehearing, a petition for rehearing en banc, or both.” It’s noteworthy that the combined cases were already heard en banc.

“Unless the time is shortened or extended by order or local rule, any petition for panel rehearing or rehearing en banc must be filed within 14 days after judgment is entered-or, if the panel later amends its decision (on rehearing or otherwise), within 14 days after the amended decision is entered.” the rule says.

Some of this was discussed on Bearing Arms’ Cam and Co yesterday. Attorney Daniel Schmutter broke down the procedural ins and outs. Schmutter is ANJRPC’s attorney and argued on behalf of the Association at the district court level.

Schmutter famously quipped during April 2024 arguments that “We could have done this at Chili’s; we didn’t have to be in the courtroom.” The tongue-in-cheek comment came with his opinion that there was no need for a full trial since portions of the case had been litigated up and down the federal system already once before.

“We’re very very happy,” Schmutter said of the Third Circuit opinion. “I was ecstatic … it’s a magnificent decision.”

Schmutter explained the minor procedural obstacles that lay ahead. Cam brought up the email message that the New Jersey State Police sent out to FFL holders instructing them that there would be guidance by July 31 as well as the attorney general’s former comment. Schmutter suggested the date had to do with the timeline that’s consistent with Rule 40.

Schmutter said that a court of appeals decision isn’t “automatically self-enforcing.” Rather, he said the court of appeals has to issue a mandate. 

“The mandate is the actual order, the direction to the lower court to implement the ruling,” he said. “The mandate, according to the clerk’s office, I spoke to them, (the) clerk’s office says the mandate is expected to issue August 10. So if that’s the case, what I would expect to happen is the mandate would issue on August 10.”

According to the attorney general’s office, that’s in the same ballpark. Rule 41 says that ”The court’s mandate must issue 7 days after the time to file a petition for rehearing expires …”

It appears the court might be talking business days and the attorney general’s office is talking calendar days. Regardless, New Jersey gun owners should be getting guidance from the attorney general prior to or on one of those dates.

“The people that we represent, you know, the members of the organizations and other people who benefit from this ruling, need to know specifically what is prohibited and what is not prohibited,” Schmutter explained. “That is, what can the state enforce and what can the state not enforce?” He continued by noting that the ruling is great, but it’s not “crisp and concrete enough” for people to know exactly what’s allowed and illicit.

“That’s what the district court’s judgment or order does,” he said. “It lays out the specifics of what is enjoined, what is not enjoined.”

Last year, NRA-ILA’s Director of Litigation Counsel Joe Greenlee said in an interview that New Jersey is fertile ground for challenges to unconstitutional gun law. That statement was concerning the makeup of the Third Circuit and its potential friendliness to the Second Amendment. A state with restrictive gun laws in a circuit that disfavors regulation can make pro-Second Amendment case law when appropriately challenged.

“Well, we certainly intend to be very active in New Jersey,” Greenlee said about litigating in the Garden State. “And I, again, I think it’s going to be a very good place to bring cases. So I anticipate bringing a lot of litigation there over the next few years.” Greenlee’s reasoning is sound in light of this latest win for gun rights advocates. There are currently several challenges to New Jersey’s laws, such as: hollow-point bullet prohibitions, bans on silencers, bans on short-barreled rifles, and other restrictions.

Some advocates think everything is in limbo or perhaps too good to be true, but this chapter in New Jersey gun law is coming to a rapid close. It’s not known if the state will seek further review or request certiorari with the U.S. Supreme Court. However, this time next year the assault weapon controversy will be completely put to rest for the entire country. That may mean more procedural hurdles, but the end is near.

New Jersey permit-to-carry holders are anticipating a ruling from the Third Circuit on the state’s Bruen-response law regulating so-called “sensitive locations” and other carry-related restrictions. That opinion is ripe to come any day with pundits speculating it’ll drop prior to month’s end, potentially as early as the end of this week.

Editor’s Note: The radical Left will stop at nothing to enact their radical gun control agenda and strip us of our Second Amendment rights.

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