Federal Appeals Court Declares New Jersey’s Assault Firearm Ban Unconstitutional
A recent ruling by a federal appeals court has declared New Jersey’s bans on assault firearms and magazines holding more than 10 rounds unconstitutional. This landmark decision marks the first instance of a federal appeals court overturning a state ban of this nature. The ruling arrives as the U.S. Supreme Court prepares to assess whether prohibitions on semiautomatic rifles contravene the Second Amendment.
In contrast, a separate federal appeals court recently upheld Illinois’ ban on semiautomatic weapons, highlighting the ongoing legal debates surrounding firearm regulations across the nation.
Previously, in July 2024, a federal judge determined that New Jersey’s specific ban on AR-15s was unconstitutional while maintaining the restriction on larger magazines. However, the 3rd U.S. Circuit Court of Appeals expanded this decision. It ruled that the state’s prohibitions on all semiautomatic rifles it categorizes as “assault firearms” and the limitation on “large capacity ammunition magazines” are unconstitutional.
New Jersey Attorney General Jennifer Davenport, representing the state’s defense of the law, expressed her disappointment with the ruling, stating it is “as unfortunate as it is legally incorrect.” She highlighted that “every other federal circuit court to consider the issue has come out the other way,” emphasizing the perceived necessity of such restrictions in addressing mass shootings. Davenport noted, “We are considering our options.”
On the other side, John Commerford, executive director of the National Rifle Association Institute for Legislative Action, hailed the decision as a “historic victory for the NRA, the Second Amendment, and law-abiding Americans.”
New Jersey is not alone in its legislative stance; according to the Giffords Law Center to Prevent Gun Violence, ten other states and the District of Columbia have imposed laws generally banning the manufacture, sale, and transfer of assault weapons. Moreover, these regions, including New Jersey, have enacted measures limiting magazine capacity to 10 rounds for certain firearms.
Adam Winkler, a law professor at the University of California, Los Angeles, remarked on the unexpected nature of Friday’s ruling, given past federal court support for assault weapon bans. He suggested that the decision might “foretell the Supreme Court’s coming opinion on assault weapons bans,” adding, “What this Third Circuit opinion shows is that there are very few gun laws that are safe from being struck down right now.”
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