New Jersey has a number of the strictest legal guidelines regulating the Second Modification. The present stage seems to be just like the Backyard State would be the place to litigate for the foreseeable future.
The legal guidelines in New Jersey are so dangerous that Giffords Legislation Middle provides the state an “A” on “gun regulation power” and ranks them two out of fifty of the states. New Jersey was one of many Bruen-affected states, in addition to had a strict Bruen-response regulation enactment. Indicators level to New Jersey as the following battleground on the Second Modification.
The third Circuit Courtroom of Appeals
New Jersey is throughout the jurisdiction of the third Circuit Courtroom of Appeals. Historically, this circuit was the place of job regulation due to Delaware. That may be altering.
On Tuesday July 29, 2025, Emil Bove was confirmed by the Senate to serve on the court docket. President Donald J. Trump appointed Bove. Trump appointed Jennifer Mascott, nonetheless she hasn’t gone via the affirmation course of but.
Wanting on the present make-up of the court docket, there’s the next presidential appointments: Two George W. Bush, three Barack Obama, 5 Trump, three Joseph R. Biden, and one ready on affirmation.
Presidential appointment doesn’t at all times dictate the leaning of a decide. There’s seven Republican appointed judges and 6 Democratic appointed judges. Along with yet one more Republican on deck.
The Koons Crawl
Second Modification supporters in New Jersey have been anxiously ready for nearly two years to get an opinion again from a third Circuit three-judge panel on the consolidated instances Koons & Siegel. Oral arguments for a preliminary injunction within the instances occurred October 25, 2023.
There’s been hypothesis on why there’s been no orders from the court docket on the preliminary injunction. The case handles delicate areas and a complete host of different post-Bruen restrictions which might be plaguing New Jersey allow to hold holders. Different courts throughout the nation have delivered orders extra expeditiously.
An attraction is probably going regardless of the opinion that comes from the court docket. The panel that heard Koons/Siegel consisted of Obama appointee Krause, Biden appointee Chung, and Trump appointee Porter.
If the court docket writes an opinion that will get shut sufficient to respecting the Second Modification with out utterly invalidating New Jersey’s legal guidelines, it’s doable there could be no en banc listening to. It’s additionally doable the U.S. Supreme Courtroom would deny certiorari.
Present Litigation
Koons & Siegel are being litigated and cope with a Bruen-response regulation in New Jersey.
In the meantime, one other ongoing problem features a set of consolidated instances; two so-called “assault weapon” ban challenges in addition to a problem to journal capability. Affiliation of New Jersey Rifle & Pistol Golf equipment, Cheeseman, and Ellman have been determined on the district degree. Nevertheless, the instances have been subsequently heard by the third Circuit.
Benton v. Platkin is a 2024 case funded by Gun House owners of America and the Coalition of New Jersey Firearm House owners. Benton goes after the state’s one gun a month regulation and pistol buy allow system.
Struck v. Platkin is a Firearms Coverage Coalition backed case that was filed in September 2024. Struck additionally goes after one gun a month.
Bergmann-Schoch v. Platkin a is one other GOA/CNJFO case and it was filed in February 2025. Bergmann-Schoch goes after New Jersey’s strict hollow-point ammunition possession regulation.
Hague v. Murphy was filed on June 9, 2025. The Second Modification Basis/New Jersey Firearms House owners Syndicate backed case assaults New Jersey’s under-21 handgun prohibitions.
Padua v. Platkin is a case that goes after New Jersey’s prohibition on suppressors. The case was filed on July 18, 2025 and it took 9 months of planning. Padua comes with the backing of the Second Modification Basis, American Suppressor Affiliation, Nationwide Rifle Affiliation, Safari Membership Worldwide, Affiliation of New Jersey Rifle & Pistol Golf equipment, and the New Jersey Firearms House owners Syndicate.
FPC v. Platkin was filed on July 18, 2025 and goes after New Jersey’s prohibition on short-barreled rifles.
What Does the NRA-ILA Should Say?
Joseph Greenlee, the director of litigation counsel for the Nationwide Rifle Affiliation Institute for Legislative Motion stated throughout an interview that New Jersey is a spot the place we will anticipate to see extra litigation. Greenlee was pivotal within the planning of Padua v. Platkin in addition to different present and forthcoming litigation.
“Properly, we definitely intend to be very energetic in New Jersey. And I, once more, I believe it’s going to be an excellent place to convey instances. So I anticipate bringing a whole lot of litigation there over the following few years,” Greenlee stated when requested about litigating within the Backyard State. “I invite anybody–reaching out letting me find out about legal guidelines that they assume are infringements, as a result of I believe it’s actually the best state for litigation going ahead with simply, you realize, hostile, very anti-rights state so far as the Second Modification goes, and a good court docket which you can get a good listening to earlier than.”
The Battle of New Jersey?
Litigation is more likely to persist in New Jersey for years to return as indicated by these earmarks. Proper now there’s a document variety of instances transferring across the courts. The Backyard State ticks the bins: strict gun legal guidelines and favorable circuit court docket. Litigation difficult dangerous gun legal guidelines in circuit will discover a house in New Jersey.
About John Petrolino
John Petrolino is a US Service provider Marine Officer, author, creator of Decoding Firearms: An Simple to Learn Information on Basic Gun Security & Use and NRA licensed pistol, rifle, and shotgun teacher dwelling below and dealing to alter New Jersey’s draconian and unconstitutional gun legal guidelines. You’ll find him on the internet at www.johnpetrolino.com on twitter at @johnpetrolino, fb at @thepenpatriot and on instagram @jpetrolinoiii .
