The full bench of the United States Court of Appeals for the Third Circuit heard oral arguments in a case challenging the constitutionality of New Jersey’s “assault weapons” and “large capacity” magazine ban.
The case, Cheeseman v. Platkin, is the first case heard by new appointees Jennifer Mascott and Emil Bove. Ms. Mascott was sworn in less than 24 hours before the case was heard, and Mr. Bove took the bench this past July. The addition of Mascott and Bove swung the makeup of the court from left-leaning to a conservative majority. Republicans hold eight seats compared to six seats held by Democrats.
The plaintiffs, led by the Firearms Policy Coalition (FPC), first filed a challenge to the New Jersey law in June of 2022, shortly after the United States Supreme Court issued a ruling in New York State Rifle & Pistol Association, Inc. v. Bruen. Bruen affirmed the right to bear arms outside the home and knocked down intermediate scrutiny. The courts could no longer apply interest balancing to Second Amendment cases. They were restricted to the original text of the Second Amendment and the nation’s tradition and history of firearms regulations. Shortly after Cheeseman was filed, another case, Association of New Jersey Rifle & Pistol Clubs v. Platkin, was consolidated into the same court procedures.
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