The Third Circuit’s decision in *Association of New Jersey Rifle & Pistol Clubs v. Platkin* is less a victory lap than a quiet but unmistakable reminder that *Heller* still does real work when courts actually read it. Rather than inventing a new “sensitive places” carve-out or inventing a two-step interest-balancing test that *Bruen* later buried, the panel simply asked whether the banned firearms are “in common use” for lawful purposes—the exact inquiry Justice Scalia anchored in 2008. By answering yes, the court left New Jersey’s “assault-weapon” roster looking more like an outlier than a template, and it did so without needing to reach *Bruen*’s full historical-tradition framework. That economy of reasoning is itself instructive: when lower courts stop trying to evade *Heller*, the Second Amendment starts looking less like a constitutional suggestion and more like a rule.
For the broader 2A community the message is double-edged. On one hand, the opinion supplies fresh, citable language that “assault-weapon” bans cannot be waved through under intermediate scrutiny simply because legislators call them scary; that precedent will travel. On the other, the decision also underscores how uneven the post-*Bruen* landscape remains—while the Third Circuit followed the text, history, and tradition lane, other circuits are still stalling or manufacturing work-arounds. The practical takeaway is that litigation strategy must keep both tracks open: keep hammering the “common use” test that *Heller* already gave us, and simultaneously force the historical-tradition evidence that *Bruen* now demands. In short, the Third Circuit didn’t “save” the Second Amendment; it merely stopped trying to bury it, and that distinction matters far more than any single headline.
