Status Update: NJ’s Large Capacity Magazine (LCM) Law & Assault Weapons Ban Challenge

Just an fyi – I’m not an attorney, although I’ve been known to have a fool for a client.
The information below is definitely not legal advice.
That said, be careful; it’s NJ.

The State of NJ filed a motion to stay the mandate of the US Court of Appeals for the Third Circuit in Association of New Jersey Rifle and Pistol Clubs I v. Attorney General New Jersey (24-2415)
(you can read the motion here)
(you can read the opinion here and Judgment here)
(you can view all the documents in the case here)


What is the current status of the Third Circuit Court of Appeals’ decision striking down New Jersey’s Large Capacity Magazine (LCM) and Assault Weapons bans?

The short answer: It’s complicated, and the law has not taken effect yet.

The Mandate is the Key

An appellate opinion alone does not immediately change the law on the ground. The critical trigger is the Mandate—the formal order issued by the Court of Appeals that terminates the appeal and sends the case back down to the lower court to enforce the decision. Until the mandate issues, the state’s bans remain in effect.

Key Timeline & Potential Dates

  • 7/17/2026: The Third Circuit Court of Appeals issues its en banc opinion.
  • 7/31/2026: 14 days post-opinion. Under standard rules, this was the deadline for either side to petition for rehearing or file a motion to stay the mandate. The State of New Jersey officially filed a Motion to Stay the Mandate on this day.
  • 8/7/2026: 7 days post-7/31. Under default rules (Fed. R. App. P. 41(b)), if no stay had been requested, the mandate would have issued on this date. Because the State requested a stay, 8/7 is off the table.
  • ??/??/2026: (7 days after the Motion to Stay is decided): The filing of the Motion to Stay automatically tolls (pauses) the issuance of the mandate until the Court rules on the motion.
    • If the Court DENIES the stay: Under Fed. R. App. P. 41(b), the mandate issues 7 days after the court enters the order denying the motion. (So, if denied on 8/1, the mandate issues on 8/8; if denied on 8/10, it issues on 8/17, etc.)
  • 10/15: 90 days post-7/17. This is the State’s deadline to file a petition for a Writ of Certiorari with the U.S. Supreme Court.

What Happens Next? (The 3 Scenarios)

  • Scenario 1: The Third Circuit DENIES the Motion to Stay
    • The mandate will issue 7 days after the Court enters its denial order (resolving the “???”). Once the mandate issues, the decision becomes effective, and the bans are enjoined.
  • Scenario 2: The Third Circuit GRANTS the Motion to Stay
    • The mandate is put on hold until the State files its Certiorari petition (due by October 15). The stay remains in effect while the Supreme Court considers whether to take the case.
  • Scenario 3: Supreme Court Review (Certiorari)
    • If the stay is granted and the case goes to the Supreme Court:
      • If SCOTUS Denies Certiorari: The Supreme Court notifies the Third Circuit, and the Third Circuit mandate issues immediately.
      • If SCOTUS Grants Certiorari: SCOTUS will likely extend the stay while hearing the full case on the merits. The status quo would remain locked for another court term (likely until the following June).

 

Should you go out and buy LCMs (or the magazine formerly known as large capacity?) now?

Personally, I’m waiting – although the State claims that stores are selling them (see exhibits submitted with their motion below)

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