The Third Circuit’s en banc decision is more than a win for New Jersey gun owners—it’s a structural rebuke to the post-Bruen gamesmanship that tried to shove “common use” into the government’s back pocket. By placing the popularity test squarely at step two, where officials must justify their restrictions rather than force plaintiffs to prove ubiquity, the court closed a loophole that lower courts had been exploiting to uphold bans on America’s most-owned modern rifles and standard-capacity magazines. The result is a clearer map for future litigation: once a firearm or magazine is shown