A federal appeals court invalidated New Jersey's ban on AR-15-style "assault" firearms and high-capacity magazines Friday, ruling in a 10-5 decision that the restrictions violate the Second Amendment. The 3rd U.S. Circuit Court of Appeals found that the state's decades-old prohibitions on these weapons and ammunition feeding devices were unconstitutional under current firearms jurisprudence.
The ruling represents one of the most significant legal setbacks for gun control advocates at the federal appellate level in recent memory. New Jersey is among roughly a dozen states with similar bans on semiautomatic rifles often described as assault weapons, and the decision could embolden challenges to those laws.
What the Right Is Saying
Gun rights advocates celebrated the ruling as a landmark victory for constitutional protections. The Firearms Policy Coalition, which represented plaintiffs in the case, called it "a vindication of the fundamental right to keep and bear arms." "Today's decision confirms what we have always maintained: that Americans have an individual right to possess commonly-owned firearms for self-defense," the organization said.
Sen. Rand Paul of Kentucky praised the ruling on social media, writing that "the Second Amendment exists to protect our rights, not to be erased by activist legislatures." The National Rifle Association indicated it would use the precedent to challenge similar bans in California, Connecticut, Maryland, and other states with assault weapon prohibitions. Conservative legal scholars argued the ruling properly applies the Supreme Court's 2022 Bruen decision establishing that gun regulations must be consistent with the Nation's historical tradition of firearm regulation.
What the Left Is Saying
Democratic lawmakers and gun control organizations criticized the ruling as a dangerous expansion of Second Amendment rights that will endanger public safety. Gov. Phil Murphy said the state is evaluating its options for seeking rehearing en banc or appealing to the Supreme Court. "This decision puts weapons of war into our communities and on our streets," Murphy said in a statement. "New Jersey has led the nation in commonsense gun safety measures, and we will continue that fight."
The Brady Campaign to Prevent Gun Violence called the ruling "deeply troubling" and argued that assault weapon bans have proven effective at reducing mass casualties in shootings. "High-capacity magazines enable shooters to fire more rounds without reloading, which directly correlates with higher death tolls," the organization stated. Sen. Cory Booker of New Jersey said he was "disappointed" by the decision and pledged to work with colleagues on legislative responses.
What the Numbers Show
New Jersey's ban on assault weapons was enacted in 1990 and expanded in 2018 to include additional semiautomatic firearms. The state has among the strictest gun laws in the country, ranking second nationally for firearms regulations according to the Giffords Law Center. According to FBI data, rifles of all types account for approximately 3% of firearms homicides annually nationwide. High-capacity magazines, defined in New Jersey as those capable of holding more than 10 rounds, are owned by an estimated 40 million Americans. A 2019 study published in the Journal of Trauma and Acute Care Surgery found that mass shootings involving high-capacity magazines resulted in 62% more fatalities and 50% more injuries per incident.
The Bottom Line
The ruling will not take effect immediately as New Jersey is expected to seek rehearing before the full 3rd Circuit. If the decision stands, it would invalidate New Jersey's assault weapons ban and its restrictions on magazines holding more than 10 rounds. Legal experts say the case could eventually reach the Supreme Court, which has shown increasing receptiveness to Second Amendment arguments under current jurisprudence. Gun control advocates warn that a final ruling in favor of the plaintiffs could unravel assault weapon bans across multiple states affecting millions of residents.