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A pro-Second Amendment organization asked the Supreme Court to place New Jersey’s appeal of a ruling striking down the state’s ban on modern semiautomatic firearms on hold Wednesday.
In a petition filed with the Supreme Court on Oct. 1, Democratic New Jersey Attorney General Jennifer Davenport asked the justices to review a case decided by the United States Court of Appeals for the Third Circuit, Cheeseman v. New Jersey, in which the appellate court declared the state’s ban of magazines holding more than ten rounds unconstitutional on Second Amendment grounds, citing widespread ownership of the accessories for lawful purposes. The Firearms Policy Coalition (FPC) responded in a brief filed Wednesday, saying the Third Circuit’s ruling was correct.
“Respondents believe that the Third Circuit correctly resolved both questions presented, as the Second Amendment plainly protects the right to possess ‘the most popular rifle in the country’ and the equally (if not more) common magazines that come standard with countless popular rifles and pistols,” FPC said. “But respondents also recognize that denying the petition now could waste resources by requiring the parties to continue litigating the remainder of the case—including the pending challenges to New Jersey’s ban on semiautomatic pistols and shotguns— before this Court provides further guidance on how courts should analyze arms bans in Viramontes and Grant.”
The Third Circuit’s ruling created a “circuit split” with the Ninth Circuit, which upheld Duncan v. Bonta, a challenge to California’s ban on magazines holding more than ten rounds. “Circuit splits” occur when federal appeals courts disagree on rulings, making it more likely the Supreme Court will hear the case. The Supreme Court considered taking up Duncan v. Bonta for over 24 conferences, a record, but had not announced a decision about whether it would take the case as of Wednesday.
The justices agreed on June 30 to hear Viramontes v. Cook County, a Second Amendment challenge to the Illinois locality’s ban on modern semiautomatic firearms, consolidating the case with Grant v. Higgins, a challenge to a similar law passed in Connecticut after the mass shooting at Sandy Hook Elementary School. Oral arguments in the case are set for Dec. 2, while the court is expected to issue its decision by summer 2027.
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