Third Circuit Sua Sponte Takes NRA’s “Assault Firearm” and Magazine Ban Case En Banc

Association of New Jersey Rifle & Pistol Clubs v. Attorney Gen. New Jersey is an NRA-supported challenge to New Jersey’s prohibitions on so-called “assault firearms” and magazines that can hold more than 10 rounds.

In July 2024, the district court issued a split ruling: it upheld the magazine ban but found the “assault firearm” ban unconstitutional as applied to the Colt AR-15. All parties then appealed to the Third Circuit Court of Appeals. Briefing concluded in the Third Circuit in February 2025, and on July 1, a three-judge panel heard oral arguments.

Before that panel could issue a decision, however, the full court decided on August 21 to take the case en banc—meaning it will be heard by the full court. This extraordinary and encouraging development places the case before the en banc court that recently held 18 U.S.C. § 922(g)(1) unconstitutional as applied to a nonviolent offender, and fast-tracks our fight to vindicate Second Amendment rights in the Garden State.

The en banc argument has been scheduled for October 15, 2025, at 9:00 a.m.  

Please stay tuned to www.nraila.org for future updates on NRA-ILA’s ongoing efforts to defend your constitutional rights, and please visit www.nraila.org/litigation to keep up to date on NRA-ILA’s ongoing litigation efforts.