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Gun Owners Back Supreme Court Hold in New Jersey AR-15 Ban Case

November 8, 2026

The New Jersey gun owners who won an appeals ruling against the state's AR-15 and magazine bans have told the U.S. Supreme Court they agree the state's appeal should be put on hold, USA Carry reports. Both bans remain in force.

Key points

  • The case: In the Davenport case, No. 26-452, New Jersey is asking the justices to review a 10-5 ruling by the full Third Circuit that its bans on AR-15-style rifles and on magazines over 10 rounds violate the Second Amendment.
  • Why wait: Pending decisions in Viramontes v. Cook County and in Grant v. Higgins ask whether AR-15s are protected. In a Nov. 4 filing, the gun owners said that if the Court sides with the Third Circuit, it "can and should deny the petition."
  • Magazines: The gun owners argue a decision on rifles "may provide guidance" here too. The Court is already holding Duncan v. Bonta, NAGR v. Lamont and other magazine cases.
  • Court findings: The brief says the Third Circuit cited roughly 24 million lawfully owned AR-15s and comparable rifles and found no historical tradition for banning a class of commonly used arms.
  • Penalties: Knowingly possessing a banned firearm in New Jersey carries a possible 10-year prison term and a $150,000 fine.

Quick take

USA Carry stresses that nothing has changed on the ground yet. The appeals court put its decision on hold while the petition is pending, so both laws can still be enforced.

Read the full story at USA Carry.