Trenton, NJ – The U.S. Court of Appeals for the Third Circuit ruled Friday that New Jersey’s longstanding ban on assault weapons, including AR-15-style rifles, and its prohibition on magazines holding more than 10 rounds violate the Second Amendment. The 10-5 decision marks the first time a federal appeals court has struck down a state’s assault weapons ban on constitutional grounds.
The ruling came in Association of New Jersey Rifle & Pistol Clubs v. Attorney General, a challenge brought by several gun rights organizations following the U.S. Supreme Court’s 2022 decision in New York State Rifle & Pistol Association v. Bruen, which established that modern firearms regulations must align with the nation’s historical tradition of gun regulation.
Appeals court expands lower court ruling
The decision reversed key portions of New Jersey’s firearm restrictions that have been in place since 1990. A federal district judge previously ruled in 2024 that the state’s ban on AR-15 rifles was unconstitutional but allowed the restriction on large-capacity magazines to remain.
Friday’s en banc ruling went further, concluding that New Jersey’s ban on an entire class of commonly owned semiautomatic rifles, along with its magazine capacity limit, violates the constitutional right to keep and bear arms.
Writing for the majority, U.S. Circuit Judge Arianna Freeman stated that recent Supreme Court precedent “teach that bans or broad prohibitions on possessing or carrying of a class of weapons in common use for lawful purposes fail to find support in our Nation’s tradition of firearm regulation.”
She added that this principle applies “even when the regulations are passed with the intention of reducing gun violence.”
Attorney General vows to explore legal options
New Jersey Attorney General Jennifer Davenport criticized the ruling and said the state is evaluating its next steps.
“Today’s decision from the Third Circuit invalidating New Jersey’s careful laws restricting the AR-15 and large capacity magazines is as unfortunate as it is legally incorrect,” Davenport said in a statement released Friday.
She added, “Assault weapons and large capacity magazines play a dangerous role in the modern epidemic of mass shootings, and New Jersey acted reasonably and lawfully in restricting them. We are considering our options.”
The attorney general also said the state remains committed to enforcing its other firearms laws while addressing gun violence.
Supreme Court review already underway
The issue is expected to remain unsettled as the U.S. Supreme Court has already agreed to hear separate challenges involving assault weapons bans in Illinois and Connecticut. Those cases could establish a nationwide standard governing whether states may prohibit certain semiautomatic rifles.
Gun rights groups celebrated Friday’s decision. Firearms Policy Coalition President Brandon Combs called the ruling “another devastating blow to the authoritarian war on gun owners.”
In dissent, U.S. Circuit Judge Patty Shwartz argued that states retain the authority to prohibit “dangerous and unusual” weapons, including semiautomatic rifles that have been used in mass shootings.
Why it matters
New Jersey has maintained one of the nation’s strictest firearm laws for more than three decades. If the Third Circuit’s decision ultimately stands, it could reshape gun regulations not only in New Jersey but also in other states with similar assault weapons and magazine restrictions.
The case also increases the significance of the Supreme Court’s upcoming review of similar laws, which is likely to determine the constitutional limits on state firearm regulations nationwide.
