Davenport v. Ass'n of N.J. Rifle & Pistol Clubs
New Petition · Response Due Nov 4No. 26-452
New Jersey's ban on AR-15-style rifles and magazines over 10 rounds — here, the state is asking the Court to undo a ruling that went against it
What a ruling could mean
- If the Court grants New Jersey's request: The petition is held until Viramontes and Grant are decided, then sent back so the Third Circuit can take a second look. New Jersey's ban stays in force in the meantime.
- If the Court denies New Jersey's petition: The Third Circuit's ruling striking down New Jersey's rifle and magazine ban stands, and the ban would be blocked.
Where things stand
Filed October 1, 2026 by New Jersey's Attorney General after the full Third Circuit struck down the state's rifle and magazine ban on July 17, 2026 (Cheeseman v. Davenport). The Third Circuit stayed its own ruling on August 4, so the law remains in force for now. New Jersey isn't asking for full review: it asks the Court to hold the petition until it decides Viramontes and Grant, then send the case back to the Third Circuit to reconsider (a "grant, vacate, and remand"). The gun-rights groups' response is due November 4, 2026.
Why it matters
Like Bivens last term, this is an inverted case: the gun-rights side won below. New Jersey's petition also notes that Viramontes covers rifles but not magazines — so the magazine half of this case, and of Duncan and Gator's, may remain open even after the December 2 argument.
Timeline (from official SCOTUS docket)
- Oct 5, 2026 Petition docketed (response due November 4, 2026)
- Oct 1, 2026 Petition filed by New Jersey's Attorney General
- Aug 4, 2026 3rd Circuit stayed its own ruling pending Supreme Court review
- Jul 17, 2026 3rd Circuit (en banc) struck down New Jersey's rifle and magazine ban