Third Circuit Court Strikes Down New Jersey Assault Weapons Ban

The United States Court of Appeals for the Third Circuit ruled in a 10-5 en banc decision that New Jersey's bans on semiautomatic rifles and magazines exceeding 10 rounds violate the Second Amendment. The court found that these weapons and accessories are in common use for lawful purposes, such as self-defense and hunting, and therefore do not meet the legal criteria for dangerous and unusual weapons. This ruling marks the first time a federal appeals court has invalidated a state-level assault weapons ban.

The decision expands a July 2024 lower-court ruling that had only struck down the ban on AR-15 rifles while upholding magazine restrictions. Using the framework established in the 2022 Bruen decision, the court rejected New Jersey's argument that magazines are mere accessories. The court remanded the case to the district court to determine if certain other pistols and shotguns are similarly protected.

New Jersey Attorney General Jennifer Davenport condemned the ruling, stating it is "as unfortunate as it is legally incorrect" and arguing that the 1990 law effectively reduced gun violence. Conversely, gun rights organizations, including the National Rifle Association and the Firearms Policy Coalition, hailed the decision as a historic victory. The ruling occurs as the U.S. Supreme Court prepares to hear similar challenges from Illinois and Connecticut.