The clock is ticking toward a deadline that could determine whether the Supreme Court hears a case that could eradicate bans on standard-capacity magazines holding more than ten rounds.
In a petition filed with the Supreme Court on Oct. 1, Democratic New Jersey Attorney General Jennifer Davenport asked the justices to review a case decided by the United States Court of Appeals for the Third Circuit, Cheeseman v. New Jersey, in which the appellate court declared the state’s ban of magazines holding more than ten rounds unconstitutional on Second Amendment grounds, citing widespread ownership of the accessories for lawful purposes. In its petition to the high court, New Jersey claimed that the Third Circuit ignored “changes in the technology” as well as “mass shootings.”
Despite changes in the technology and the rise of modern mass shootings, the Court disagreed with the State that this case involved an ‘unprecedented societal concern’ necessitating a more ‘nuanced approach,’ or that such an approach would change the outcome,” Davenport argued in the petition. The Firearms Policy Coalition (FPC) noted in a Monday post on X that it had a Nov. 4 deadline to respond to New Jersey’s request.
The Third Circuit’s ruling created a “circuit split” with the Ninth Circuit, which upheld Duncan v. Bonta, a challenge to California’s ban on magazines holding more than ten rounds. “Circuit splits” occur when federal appeals courts disagree on rulings, making it more likely the Supreme Court will hear the case. The Supreme Court considered taking up Duncan v. Bonta for over 24 conferences, a record, but had not announced a decision about whether it would take the case as of Tuesday.
Two other major cases with Second Amendment implications also feature “circuit splits.” In Beckwith v. Frey, a case challenging the constitutionality of Maine’s three-day waiting period on firearms purchases, the waiting period was upheld by the United States Court of Appeals for the First Circuit. However, the United States Court of Appeals for the Tenth Circuit struck down a waiting period on firearms purchases in August 2025 while overruling a decision in favor of New Mexico by Senior United States District Judge James O. Browning, a George W. Bush appointee.
In Daniel Defense v. Lowy, a federal district judge tossed the lawsuit, and the United States Court of Appeals for the Fourth Circuit sided with Lowy, prompting the firearms company to appeal to the Supreme Court in August, citing a conflict with other federal appellate courts.
However, a “circuit split” does not guarantee that the high court will agree to hear the case. The justices elected to deny a hearing in Johnson v. United States, a case where a man was indicted for being a felon in possession of a firearm. The underlying felony conviction involved growing marijuana.
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