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The Timing Of The Third Circuit's "Assault Firearms" Case

This case was argued and deliberated nine months before the Supreme Court granted cert in the Cook County case, but was decided two weeks after the cert grant.

Josh Blackman | 7.20.2026 8:31 AM

On July 17, the en banc Third Circuit decided Association of New Jersey Rifle and Pistol Clubs v. Attorney General of New Jersey. Eleven members of the en banc court ruled that New Jersey's "assault firearms" ban and prohibition on "large capacity magazines" violate the Second Amendment.

The majority opinion was written by Judge Arianna Freeman, a Biden appointee. I concur with Ed Whelan that Freeman deserves some credit for taking this strong stand, and disqualifying herself from any future Supreme Court vacancy.

Ed also praises Judge Tamika Montgomery-Reeves, another Biden appointee, who joined the majority opinion. She too has taken her name off the SCOTUS short list. Yet, she joined the majority despite a reservation. Judge Montgomery-Reeves........

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