PHILADELPHIA (July 17, 2026) — Firearms Policy Coalition (FPC) today announced a landmark victory after the U.S. Court of Appeals for the Third Circuit, sitting en banc, held in FPC’s Cheeseman v. New Jersey Attorney General Jennifer Davenport case that New Jersey’s “assault firearm” ban on semi-automatic rifles violates the Second Amendment. The decision comes just weeks after the Supreme Court granted review in FPC’s Viramontes v. Cook County case, which challenges a similar ban in Illinois and has the potential to strike down these unconstitutional bans nationwide.
In its opinion, the Third Circuit concluded that New Jersey’s prohibition on semi-automatic rifles violates the Second Amendment and modified the district court’s judgment so that it applies to the entire class of banned semi-automatic rifles rather than only Colt AR-15s. The Third Circuit also reversed the district court’s misguided opinion upholding New Jersey’s ban on handguns and shotguns classified as “assault firearms” and remanded that question back to the district court for further proceedings consistent with its opinion.
“This is a massive victory for the People and another devastating blow to the authoritarian war on gun owners,” said FPC President Brandon Combs. “The Third Circuit correctly recognized what was obvious all along: the government cannot ban an entire class of commonly owned firearms, full stop. New Jersey’s bans were always unconstitutional, and today the en banc court said so.
“Today’s victory is another milestone in a litigation strategy that has been years in the making. FPC doesn’t just file lawsuits—we build precedent to restore the right to keep and bear arms. Our victory in Lara helped shape the legal principles that prevailed today, and the Supreme Court has now agreed to hear FPC’s Viramontes case challenging Cook County’s ban on so-called assault weapons. That case gives the Supreme Court an opportunity to finally put an end to bans on some of the most popular firearms in America. We’re going to keep building on today’s victory until every immoral and unconstitutional gun control law is eliminated throughout the nation.”
The Third Circuit’s decision also materially strengthens FPC’s pending FPC v. Davenport lawsuit challenging New Jersey’s categorical ban on “short-barreled” rifles. In Davenport, FPC argues that short-barreled rifles are constitutionally protected firearms that New Jersey cannot transform into contraband based solely on barrel or overall length. Although today’s decision does not itself resolve Davenport, its reasoning directly supports FPC’s claims. The Cheeseman en banc court held that semi-automatic rifles are “Arms,” that commonly possessed rifles cannot be categorically banned, and that New Jersey must identify a relevant historical tradition from the Founding Era—not rely on much later restrictions. FPC’s Davenport summary judgment motion applies those same principles to New Jersey’s ban on rifles with barrels under 16 inches or an overall length under 26 inches. FPC intends to use today’s controlling precedent to press for the prompt elimination of New Jersey’s unconstitutional short-barreled rifle ban.
FPC thanks its Grassroots Army Members for making this important victory possible. Individuals who want to support this and dozens of critically important constitutional lawsuits can join the FPC Grassroots Army at JoinFPC.org. Case documents and additional information are available at FPCLegal.org.
The plaintiffs in Cheeseman, which include FPC and two individual FPC members, are represented by David H. Thompson, Peter A. Patterson, and William V. Bergstrom of Cooper and Kirk, PLLC, along with Bradley Lehman of Whiteford, Taylor & Preston LLP.
Contact: [email protected]
About Firearms Policy Coalition
Firearms Policy Coalition (FPC) is a nonprofit membership organization that exists to create a world of maximal individual liberty and eliminate unconstitutional gun control laws. FPC works—and wins—for the People through high-impact strategic litigation, groundbreaking research, legislative and regulatory advocacy, grassroots activism, education, and public engagement. FPC’s legal division, FPC Law, is the nation’s leading initiative dedicated to restoring the right to keep and bear arms across the United States. To learn more about how FPC is working—and winning—for the People, sign up for FPC news alerts at firearmspolicy.org and follow FPC on X, Instagram, and Facebook.
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