A federal appeals court on July 17 ruled New Jersey’s assault weapons and large-capacity magazine bans unconstitutional, marking the first such decision by a U.S. appeals court and setting a pivotal legal precedent as the Supreme Court prepares to weigh in on similar cases.
The 3rd U.S. The 10-5 decision, issued en banc, overturned a lower court’s partial ruling and declared the state’s restrictions unconstitutional
under the Supreme Court’s 2022 Bruen decision, which requires modern gun laws to align with historical firearm regulations.
A Landmark Ruling and Divided Legal Reasoning
The ruling expanded on a July 2024 lower court decision that had invalidated the ban on AR-15s but upheld restrictions on larger magazines. The 3rd Circuit now struck down both provisions, declaring that semi-automatic rifles and magazines capable of holding more than 10 rounds are protected by the Second Amendment.
The decision drew sharp criticism from dissenting judges, including Obama appointee Patty Shwartz, who argued that the majority disregards democratic will and Supreme Court precedent, risking a dangerous aftermath for the People of New Jersey.
Gun Rights Groups Celebrate, While State Officials Vow to Fight
The National Rifle Association (NRA) hailed the ruling as a historic victory
for the Second Amendment. John Commerford, executive director of the NRA’s Institute for Legislative Action, stated, The right to keep and bear arms, including commonly-owned rifles and standard-capacity magazines, is fundamental and cannot be infringed by politicians who prioritize control over constitutional freedoms.
The NRA funded the lawsuit, which was led by the Association of New Jersey Rifle and Pistol Clubs, a group representing over a million gun owners.
For more on this story, see USPS Allowed to Implement New Ballot Barcode Rules Following Court Stay.
Historical Context and Legal Precedent
New Jersey’s assault weapons law, enacted in 1990, defined assault firearms
as weapons with features like a grenade launcher, flash suppressor, bayonet mount, or telescoping stock.
The state’s 2018 revision lowered magazine capacity limits to 10 rounds, a provision the 3rd Circuit also struck down. The court’s majority rejected the state’s reliance on 19th-century gun control laws, such as those regulating Bowie knives, as insufficient analogs for modern semiautomatic weapons.
What Comes Next? State, Federal, and National Implications
The ruling intensifies legal battles over gun control as the Supreme Court prepares to hear challenges to similar bans in Illinois and Connecticut. New Jersey’s case now joins a growing split among federal circuits, with the 3rd Circuit’s decision diverging from rulings in other federal circuit courts that have upheld similar state restrictions.
For New Jersey, the decision could force legislative changes. Assembly Bill 442, which would further restrict assault weapons, remains under consideration. Meanwhile, gun rights advocates argue the ruling signals a broader shift in judicial attitudes toward Second Amendment protections.
The outcome also raises questions about the future of state-level gun control. As the Supreme Court prepares to weigh in, the 3rd Circuit’s decision may serve as a key precedent in the national debate over the scope of the Second Amendment. For now, New Jersey’s law is invalid, but the state’s response—and the potential for a Supreme Court review—remains uncertain.
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