The Supreme Court is approaching a deadline that may decide if they will consider a case that could eliminate restrictions on magazines capable of holding over ten rounds.
On October 1, New Jersey Attorney General Jennifer Davenport submitted a petition requesting the Supreme Court review a decision from the Third Circuit Court regarding Cheeseman v. New Jersey. In this case, the appellate court ruled the state’s ban on magazines over ten rounds unconstitutional under the Second Amendment, highlighting the common ownership of such magazines for legal use. New Jersey’s petition argues that the Third Circuit ignored significant “technological changes” and the context of “mass shootings.” (RELATED: Supreme Court Hands Pro-2A Community Win By Declining Follow Up-Case To Major Gun Marijuana Ruling)
GM ☕ One Supreme Court. Two “assault weapon” cases. The fight to eliminate these bans nationwide is in full gear. https://t.co/3PRgcEPlcX
— Firearms Policy Coalition (@gunpolicy) October 12, 2026
Davenport contended in the petition that despite the technological advancements and an increase in mass shootings, the Court did not recognize the case as an ‘unprecedented societal concern’ meriting a more complex consideration, nor that such consideration would alter the ruling.
The Firearms Policy Coalition (FPC) pointed out in a recent post that they have until November 4 to respond to New Jersey’s appeal.
The ruling from the Third Circuit has resulted in a “circuit split” with the Ninth Circuit, which upheld Duncan v. Bonta, a case concerning California’s restriction on magazines exceeding ten rounds. Such “circuit splits” tend to increase the likelihood that the Supreme Court will intervene, particularly as they deliberated on whether to take up Duncan v. Bonta for an unprecedented 24 conferences, though a decision was still pending as of Tuesday.
There are two other notable cases related to the Second Amendment that have also resulted in “circuit splits.” In Beckwith v. Frey, a challenge against Maine’s three-day waiting period on gun purchases, the First Circuit upheld the waiting period. In contrast, the Tenth Circuit invalidated a similar waiting period in New Mexico, going against a ruling by Senior U.S. District Judge James O. Browning, appointed by George W. Bush.
In the case of Daniel Defense v. Lowy, a federal judge dismissed the lawsuit, and the Fourth Circuit Court ruled in favor of Lowy, which led the firearms company to petition the Supreme Court in August due to a conflict with decisions from other appellate courts.
Nevertheless, a “circuit split” does not assure that the Supreme Court will take a case. For instance, they declined to hear Johnson v. United States, where a man was indicted for being a felon in possession of a firearm linked to a marijuana-related felony conviction.
