New Jersey has some of the strictest laws regulating the Second Amendment. The current stage looks like the Garden State will be the place to litigate for the foreseeable future.
The laws in New Jersey are so bad that Giffords Law Center gives the state an “A” on “gun law strength” and ranks them two out of 50 of the states. New Jersey was one of the Bruen-affected states, as well as had a strict Bruen-response law enactment. Indicators point to New Jersey as the next battleground on the Second Amendment.
The 3rd Circuit Court of Appeals
New Jersey is within the jurisdiction of the 3rd Circuit Court of Appeals. Traditionally, this circuit was the place of business law because of Delaware. That might be changing.
On Tuesday July 29, 2025, Emil Bove was confirmed by the Senate to serve on the court. President Donald J. Trump appointed Bove. Trump appointed Jennifer Mascott, however she hasn’t gone through the confirmation process yet.
Looking at the current makeup of the court, there’s the following presidential appointments: Two George W. Bush, three Barack Obama, five Trump, three Joseph R. Biden, and one waiting on confirmation.
Presidential appointment does not always dictate the leaning of a judge. There’s seven Republican appointed judges and six Democratic appointed judges. In addition to one more Republican on deck.
The Koons Crawl
Second Amendment supporters in New Jersey have been anxiously waiting for almost two years to get an opinion back from a 3rd Circuit three-judge panel on the consolidated cases Koons & Siegel. Oral arguments for a preliminary injunction in the cases occurred October 25, 2023.
There’s been speculation on why there’s been no orders from the court on the preliminary injunction. The case handles sensitive locations and a whole host of other post-Bruen restrictions that are plaguing New Jersey permit to carry holders. Other courts across the country have delivered orders more expeditiously.
An appeal is likely no matter the opinion that comes from the court. The panel that heard Koons/Siegel consisted of Obama appointee Krause, Biden appointee Chung, and Trump appointee Porter.
If the court writes an opinion that gets close enough to respecting the Second Amendment without completely invalidating New Jersey’s laws, it’s possible there would be no en banc hearing. It’s also possible the U.S. Supreme Court would deny certiorari.
Current Litigation
Koons & Siegel are being litigated and deal with a Bruen-response law in New Jersey.
Meanwhile, another ongoing challenge includes a set of consolidated cases; two so-called “assault weapon” ban challenges as well as a challenge to magazine capacity. Association of New Jersey Rifle & Pistol Clubs, Cheeseman, and Ellman were decided at the district level. However, the cases were subsequently heard by the 3rd Circuit.
Benton v. Platkin is a 2024 case funded by Gun Owners of America and the Coalition of New Jersey Firearm Owners. Benton goes after the state’s one gun a month law and pistol purchase permit system.
Struck v. Platkin is a Firearms Policy Coalition backed case that was filed in September 2024. Struck also goes after one gun a month.
Bergmann-Schoch v. Platkin a is another GOA/CNJFO case and it was filed in February 2025. Bergmann-Schoch goes after New Jersey’s strict hollow-point ammunition possession law.
Hague v. Murphy was filed on June 9, 2025. The Second Amendment Foundation/New Jersey Firearms Owners Syndicate backed case attacks 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 nine months of planning. Padua comes with the backing of the Second Amendment Foundation, American Suppressor Association, National Rifle Association, Safari Club International, Association of New Jersey Rifle & Pistol Clubs, and the New Jersey Firearms 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 Have to Say?
Joseph Greenlee, the director of litigation counsel for the National Rifle Association Institute for Legislative Action said during an interview that New Jersey is a place where we can expect to see more litigation. Greenlee was pivotal in the planning of Padua v. Platkin as well as other current and forthcoming litigation.
“Well, we certainly intend to be very active in New Jersey. And I, again, I think it’s going to be a very good place to bring cases. So I anticipate bringing a lot of litigation there over the next few years,” Greenlee said when asked about litigating in the Garden State. “I invite anyone–reaching out letting me know about laws that they think are infringements, because I think it’s really the ideal state for litigation going forward with just, you know, hostile, very anti-rights state as far as the Second Amendment goes, and a fair court that you can get a fair hearing before.”
The Battle of New Jersey?
Litigation is likely to persist in New Jersey for years to come as indicated by these earmarks. Right now there’s a record number of cases moving around the courts. The Garden State ticks the boxes: strict gun laws and favorable circuit court. Litigation challenging bad gun laws in a good circuit will find a home in New Jersey.
About John Petrolino
John Petrolino is a US Merchant Marine Officer, writer, author of Decoding Firearms: An Easy to Read Guide on General Gun Safety & Use and NRA certified pistol, rifle, and shotgun instructor living under and working to change New Jersey’s draconian and unconstitutional gun laws. You can find him on the web at www.johnpetrolino.com on twitter at @johnpetrolino, facebook at @thepenpatriot and on instagram @jpetrolinoiii .
