Appeals Court Strikes Down New Jersey Assault-Weapons and Magazine Ban in 10-5 Decision

The 3rd U.S. Circuit Court of Appeals ruled July 17 that New Jersey's bans on assault firearms and magazines holding more than 10 rounds are unconstitutional. The Philadelphia-based court invalidated the state's entire law in a 10-5 decision by its 15 judges.

This marks the first time a federal appeals court has struck down a state ban on assault weapons. The ruling rests on the Supreme Court's 2022 decision in New York State Rifle & Pistol Association v. Bruen, which requires modern gun restrictions to align with the nation's historical tradition of firearm regulation.

U.S. Circuit Judge Arianna Freeman wrote for the majority that bans on weapons in common use for lawful purposes lack support in the nation's regulatory tradition. The court noted that many millions of semi-automatic rifles are in circulation for lawful purposes and therefore cannot be classified as dangerous and unusual.

New Jersey Attorney General Jennifer Davenport said the decision is as unfortunate as it is legally incorrect. She stated that every other federal circuit court to consider the issue has ruled the opposite way and that assault weapons and large-capacity magazines play a dangerous role in mass shootings.

Davenport added that New Jersey acted reasonably and lawfully in restricting them and that her office is considering its options.

John Commerford, executive director of the NRA Institute for Legislative Action, called the ruling a historic victory for the NRA, the Second Amendment, and law-abiding Americans. He said it affirms that the right to keep and bear arms, including commonly owned rifles and standard-capacity magazines, is fundamental.

The lawsuits challenging the New Jersey law were brought by the Association of New Jersey Rifle & Pistol Clubs, the Firearms Policy Coalition, and individual gun owners.

The U.S. Supreme Court agreed last month to review rulings that upheld similar assault-weapons bans in Illinois and Connecticut. A federal judge in July 2024 ruled that New Jersey's ban on AR-15s was unconstitutional but upheld the ban on larger-capacity magazines.