The legal fight over AR-15 bans is entering a critical new phase. With a recent order from the U.S. Court of Appeals for the Third Circuit, challenges to New Jersey’s “assault weapon” ban will now be heard en banc – before the full court. Combined with signals from the Supreme Court and shifting judicial appointments, this could be the moment Second Amendment advocates have been waiting for.
Third Circuit Orders Rare En Banc Review
On August 21, 2025, Chief Judge Michael Chagares of the Third Circuit issued an order that the consolidated cases Cheeseman v. Platkin and related challenges will be reheard en banc. According to the court’s notice, arguments are scheduled for October 15, 2025, in Philadelphia. The sua sponte order – issued by the court itself without a party requesting it – is a rare move and highlights how significant the judges view the constitutional questions at stake.
FPC: New Jersey Ban in the Crosshairs
The Firearms Policy Coalition (FPC), which represents plaintiffs Mark Cheeseman, Timothy Connelly, and others, called the en banc order a major development. The group emphasized in its case summary that the lawsuits challenge New Jersey’s outright prohibition on so-called “assault weapons,” including AR-15 rifles, arguing that the law violates the Second Amendment.
On X, FPC wrote plainly: “Nearly two months after oral arguments at the 3-judge panel, the Third Circuit has decided to take our lawsuit challenging New Jersey’s ‘assault weapon’ ban en banc”.
Langley Outdoors Academy: “AR Bans Back on the Menu”
Gun rights commentator Braden Langley of Langley Outdoors Academy reacted with excitement, saying this marks “our best shot at a circuit split on AR-15 bans.” Langley pointed to the recent confirmation of Judge Emil Bove, a Trump appointee, which tipped the Third Circuit’s composition to 7 Republican appointees versus 6 Democratic ones. He argued that the shift could be decisive when the full court considers the case.
Langley also highlighted how Justice Brett Kavanaugh has suggested the Supreme Court is waiting for more “percolation”, contrasting rulings from different circuits, before stepping in to decide the constitutionality of AR-15 bans nationwide.
Hannah Hill: “Best Shot at a Circuit Split”
Hannah Hill, Vice President of the National Foundation for Gun Rights (NFGR), echoed this view. On X, she called the Third Circuit’s lineup “our best shot at a circuit split on AR-15 bans,” stressing the new 7–6 edge of Republican-appointed judges. Hill pointed out that losing control of an entire federal circuit is a serious blow to gun control advocates.
The Hill: Kavanaugh’s Signal
According to The Hill’s Zach Schonfeld, in June 2025, Justice Brett Kavanaugh wrote that the Court “should and presumably will address the AR–15 issue soon, in the next Term or two”. Although the Supreme Court declined to hear a Maryland case that same month, only three conservative justices voted to grant certiorari, falling one vote short. Kavanaugh explained his reluctance by stressing the need for more rulings from lower courts, which would “assist this Court’s ultimate decisionmaking.”
That wait-and-see approach may now be paying off. With the Third Circuit poised to weigh in, Kavanaugh could soon have the “circuit split” he was waiting for.
Justice Thomas’ Warning
Justice Clarence Thomas, in a fiery dissent earlier this year, criticized the Court for avoiding the AR-15 issue for a decade. “I would not wait to decide whether the government can ban the most popular rifle in America,” Thomas wrote, warning that lower courts were “subverting precedent” and undermining constitutional rights.
The Third Circuit’s move might finally force the justices’ hand.
Why AR-15s Are at the Center
As Langley reminded his viewers, AR-15s are the most popular rifle in the United States, with numbers surpassing even Ford’s best-selling F-150 pickup trucks. Under the “common use” test established in District of Columbia v. Heller (2008), firearms in widespread lawful use cannot be banned outright. That fact alone, Langley argued, makes New Jersey’s ban “ludicrous, insane, and stupid.”
The Stakes for New Jersey
If the Third Circuit rules against New Jersey, it could immediately invalidate one of the strictest state-level bans in the nation. The Association of New Jersey Rifle and Pistol Clubs (ANJRPC) and other plaintiffs would secure a huge victory, while state officials led by Attorney General Matthew Platkin would likely appeal to the Supreme Court.
Either way, as Langley noted, “this is going to the Supreme Court next.”
A Patchwork of Circuit Rulings
The Fourth Circuit has already upheld Maryland’s AR-15 ban, finding that AR-15s are not “constitutionally protected arms.” The Ninth Circuit has also allowed California’s restrictions to stand, at least temporarily. If the Third Circuit rules the opposite, a direct conflict will exist between federal appeals courts. That’s the kind of “percolation” Kavanaugh referenced – and the Supreme Court may no longer be able to avoid resolving it.
Why This Moment Feels Different
From my perspective, what makes this moment so striking is the coordination across multiple cases and circuits. For years, gun owners have felt stonewalled by courts that upheld bans on weapons in “common use.” But now, with the Third Circuit shifting to a Republican-appointed majority and issuing an en banc order, the balance of power is changing.
It’s also telling that the court stepped in before a panel decision was released. That signals unease with how the panel might have ruled – and perhaps an eagerness to shape the outcome differently.
Toward the Supreme Court Showdown
As FPC, Langley, Hill, and others all point out, the destination is clear: the Supreme Court. Whether the case reaches Washington in 2026 or 2027, the question will be unavoidable: can states ban the AR-15, the most widely owned rifle in America?
If the Court applies its own precedent faithfully, the answer should be no. The “common use” doctrine seems tailor-made for this moment. Still, as Langley acknowledged, even with a conservative majority, justices can sometimes surprise or disappoint.
A Step, Not the Final Step
For now, October 15, 2025, is the date to watch. The Third Circuit will hear arguments that could reverberate across the country. As Langley put it, “AR bans are particularly vulnerable”, and the fight is heading toward its decisive stage.
Whether through the Third Circuit’s ruling or the Supreme Court’s eventual review, this en banc hearing represents a big step forward in the long campaign to eliminate AR-15 bans nationwide.
A former park ranger and wildlife conservationist, Lisa’s passion for survival started with her deep connection to nature. Raised on a small farm in northern Wisconsin, she learned how to grow her own food, raise livestock, and live off the land. Lisa is our dedicated Second Amendment news writer and also focuses on homesteading, natural remedies, and survival strategies. Lisa aims to help others live more sustainably and prepare for the unexpected.
