Home AR-15 BREAKING NEWS! FEDERAL COURT RELEASES HUGE ORDER IN AR-15 BAN CASE!

BREAKING NEWS! FEDERAL COURT RELEASES HUGE ORDER IN AR-15 BAN CASE!

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The US Court of Appeals, Third Circuit, has entered an order in the Cheeseman and ANJRPC cases addressing New Jersey’s AR-15 and magazines bans. Mark Smith, Four Boxes Diner, discusses why this is good news.

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Second Amendment scholar Mark W. Smith hosts the Four Boxes Diner 2A channel, which was named the Top Voice of the 2nd Amendment at the 2025 Gundies Awards. Mark Smith is a constitutional attorney, a member of the United States Supreme Court Bar, a professor, a frequent Fox News guest, and a New York Times bestselling author. Mark’s eight books include Disarmed: What The Ukraine War Teaches Americans about the Right to Bear Arms, Israel Disarmed: What the October 7 Attack Teaches Americans about the Right to Bear Arms, The Official Handbook of the Vast Right Wing Conspiracy, First They Came for the Gun Owners, and Duped: How the Anti-gun Lobby Exploits the Parkland School Shooting, and How Gun Owners Can Fight Back. Mark’s scholarship has been used by lawyers before the U.S. and his work has been quoted by a federal judge (Roger Benitez) in declaring California’s so-called “assault weapon” ban to be unconstitutional under the Second Amendment.

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50 COMMENTS

  2. Mark, love the detailed analysis on these cases and the nuisances of how the circuits may approach these cases. I do have a question related to the need for a firearms permit. I live in Northwest Indiana, but work in Illinois. I hold an Indiana permit (although I don’t need it as we are now constitutional carry) however, this permit requires any recognized in Illinois. Are there any potential remedies or cases that could help me in cross border challenge coming before the courts. Thanks Kevin M.

  8. Being in NJ I hope Mr. Smith is right. However, no matter how the 3rd Circuit rules Cheesman will back on their plates next summer after the "losing" party appeals to SCOTUS and the Higgins case is settled. The only question is how much work they will need to redo. The 9th Circuit, in MIller, is only taking the lazy man's course, which may give them time to find a way to reframe the issue and uphold the law.

  11. Washington for the most has been one of the worst teams over the last 10 seasons yet has 5 and 15 rec. with with Dallas and a better 7 and 13 with Philly. So as a bad team they beet Dallas 1 in every 4 games and better then 1 out of 3 with Philly. Dallas is supposed to be a perineal playoff team every year and Philly has actually been to 3 Super Bowls and won 2 yet have only a 13 and 7 record over Washington in that same time frame. Washingtons D can't do anything but get better and the office should be at least as good as the 2024 version. Calling the first 2 games automatic win you haven't even seen one preseason game is pretty absurd.

    I don't understand how a 5 win team ends up with the SB winner on their schedule? The numbers say Washington has the 16th-hardest schedule but even if that's true how does a five win team end up with a middle of the pack schedule? Washington plays 7 games against playoff teams. I get 2 are in the division so those are automatic still it's not supposed to be the best gets to play the worst the next year but some how Washington still seems to get screwed even though Dan is gone. As brutal as the first half the season is I could see them pulling out a 10 win season at the end. Beating Philly in game one would go a long way in that.

  13. They aren't going to waste time looking at how they can justify the 9th circus ban as lawful because they know it isn't. Now they can spend that time figuring out how to word another ban to start it over again.

  16. On one side, we can see the obvious logical ruling that should take place. Then again, we knew the logical ruling for the Birthright Citizenship case was pretty obvious too.

  18. One question about the so-called "Assault Weapon/s" terminology. Will the SCOTUS finally make a determination as to whether Armalite Rifles are strictly "Armalite Rifles" and NOT "Assault Weapons" the way the left misuses this terminology or designation? It is so DISINGENUOUS that they get away with calling it something it's NOT!!

  21. Hopefully that will be the end of the various local governments infringing on our rights to bolster their power not only the 2nd amendments, but all our other rights that “they” are nibbling away at.

  28. How would this affect the madness in California? Regarding the plethora of required modifications to a rifle to make it "safer and less scary" ironically making the weapon hazardous to the shooter and anyone around them.

  31. Yes! This is a clear case of pro-2A supporters getting their proverbial “ducks on a row” for an ultimate SCOTUS win. The 3rd circuit is writing the brief for SCOTUS! What a great time to be am Amerikan!

  34. SCOTUS has already ruled on these Gun laws. Any law repugnant to the US Constitution is null and void! Shall not be infringed! All these "laws" violate our civil rights. Sue them into bankruptcy!

  35. Mark, I live in NJ and probably won't live long enough to see the Court to overturn the AR-15 ban and mag limit. The 3rd Circuit has been taking way to long to issue an opinion. Does this Order foretell that the 3rd Cir. will ask for new briefs every time the Sup Ct issues a decision regarding the 2nd Amendment, thus delaying their final decision? Where shall I go to recover damages for my wrongfully denied 2nd Amendment rights? Why are legislators and judges immune from liability in denying my Constitutionally protected rights? See Hammurabi Code #5.

  45. Even if SCOTUS doesn't take the magazine question, even if indirectly, wouldn't a third circuit opinion saying semi auto firearms and magazines are protected create a circuit split on the magazine question?

  46. Judges don’t like to have their decisions overturned. They’ll never get a promotion without major, correct decisions. Having the SCOTUS smack you down is a career killer. Makes them look stupid and replaceable…about half of them are both, and mostly just peddling their political agendas. They prefer to make law instead of enforce law.

    3rd Circuit will do it bc they can see the handwriting on the wall.

    9th circuit will push it off so they don’t have to decide it. SCOTUS will do it for them, and they don’t risk their jobs over a decision that those left coast states don’t like.

    Actually, having the 3rd circuit court of appeals could influence the SCoVA. And the SCOTUS rule in favor of 2A would destroy Governor Spanberger’s (VA) presidential hopes. Groups are already out here doing paid surveys and asking if people would vote for her for president. A 2A SCOTUS ruling against her, particularly on “assault weapons” would be the end of her career…which would the political part of probably needs to end, she’s lied to everyone/both sides at this point, 6 months in.

  47. I appreciate the politics of job hunting and skill sets, but I think Mark is slightly off point here. What I believe, is the 3d circuit forcing the litigants(attorneys) to show their hand and either or both admit or deny their allegiance to precedent and conformity, and/or their 'pre-textual' constellation of self righteous politicking. This is a brilliant strategy to compel litigants (attorneys) to express their willingness to adhere the rule of law or continue to intentionally run rickshaw of the people.

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