TRENTON, N.J. – The U.S. Court of Appeals for the Third Circuit has ruled that New Jersey’s ban on many semiautomatic rifles and its restriction on magazines holding more than 10 rounds are unconstitutional, marking the first time a federal appeals court has invalidated a state’s assault weapons ban.
In a 10-5 en banc decision, the court concluded that the firearms covered by New Jersey’s “assault firearms” law are in common use for lawful purposes and are protected under the Second Amendment. The court also found the state’s 10-round magazine limit unconstitutional under the same constitutional analysis.
What changes for New Jersey gun owners?
Despite the ruling, the decision does not immediately legalize the sale or possession of firearms and magazines previously prohibited under New Jersey law.
The state is expected to seek additional review, which could include asking the Third Circuit or the U.S. Supreme Court to stay the ruling while appeals continue. Until the courts determine whether the decision takes immediate effect, firearms dealers are unlikely to begin selling rifles or magazines covered by the ruling.
For now, New Jersey’s existing restrictions remain in effect unless and until a court orders otherwise.
Why the ruling is significant
The decision creates a split among the nation’s federal appellate courts. While several other circuits have upheld similar assault weapon bans, the Third Circuit reached the opposite conclusion, making Supreme Court review more likely.
The court relied on the U.S. Supreme Court’s 2022 decision in New York State Rifle & Pistol Association v. Bruen, which requires governments to show that modern firearm regulations are consistent with the nation’s historical tradition of firearm regulation. The Third Circuit concluded New Jersey failed to meet that standard for the challenged firearms and magazine restrictions.
The case now returns to the federal district court for additional proceedings involving other firearms covered under the state’s law.
What happens next?
New Jersey Attorney General Matthew Platkin is expected to continue defending the law through additional appeals. The state may ask the Third Circuit or the U.S. Supreme Court to pause the ruling while litigation continues.
The U.S. Supreme Court has also agreed to hear challenges involving similar assault weapon bans from other states. Those cases could ultimately determine whether states nationwide may continue enforcing bans on semiautomatic rifles and large-capacity magazines.
Why it matters
The Third Circuit’s decision represents one of the most significant Second Amendment rulings since Bruen and could reshape firearm laws throughout the country. However, New Jersey residents should not assume they can immediately purchase firearms or magazines previously banned under state law, as the legal process is expected to continue before any practical changes occur.
About this case
The ruling was issued by the U.S. Court of Appeals for the Third Circuit sitting en banc. The decision addresses New Jersey’s assault firearms ban and 10-round magazine capacity limit under the Second Amendment and returns portions of the case to the district court for further proceedings. Additional appeals are expected before the legal status of the challenged laws is finally resolved.
