New Jersey Assault Weapons Ban Struck Down As Unconstitutional

A federal appeals court delivered a major victory for gun owners Friday, ruling that New Jersey’s bans on semiautomatic rifles and magazines holding more than 10 rounds violate the Second Amendment.

The 3rd U.S. Circuit Court of Appeals issued the decision in a 10-5 vote, becoming the first federal appellate court to strike down a statewide ban on so-called assault weapons.

The ruling went further than a 2024 decision from a lower court, which had struck down New Jersey’s ban on AR-15 rifles but allowed the state’s magazine restrictions to remain in place. The appeals court determined that the Constitution protects other commonly owned semiautomatic rifles as well as magazines capable of holding more than 10 rounds.

Judge Arianna Freeman wrote that New Jersey failed to prove its restrictions were consistent with the nation’s historical tradition of firearm regulation. The decision relied heavily on the Supreme Court’s 2022 Bruen ruling, which requires modern gun restrictions to have a historical basis.

Gun-rights organizations celebrated the ruling as a major defense of law-abiding Americans’ constitutional freedoms. NRA officials said the decision recognizes that the government cannot ban firearms that are commonly owned for lawful purposes, including personal protection.

New Jersey Attorney General Jennifer Davenport criticized the ruling and said the state is reviewing its legal options. The case could ultimately reach the Supreme Court as states with strict gun laws continue trying to preserve similar restrictions.

The ruling creates a direct conflict with another federal appeals court that recently upheld Illinois’ semiautomatic weapons ban. The Supreme Court has already agreed to examine similar restrictions in Connecticut and Illinois, setting up a major national decision on whether commonly owned rifles can be banned under the Second Amendment.