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Policy & Law

Federal Appeals Court Strikes Down New Jersey Assault Weapons Ban, Citing Second Amendment

The 10-5 Third Circuit ruling marks the first time a federal appellate court has struck down a state ban on semiautomatic rifles, relying heavily on the Supreme Court's 2022 Bruen decision.

Federal Appeals Court — CONFORMITY UNDER THE CLEAN AIR ACT
Photo: Committee on Environment and Public Works (Public domain) via Wikimedia Commons
⚡ The Bottom Line

This ruling marks an escalation in Second Amendment litigation following Bruen, establishing that federal courts may be increasingly willing to scrutinize state-level restrictions on commonly owned firearms. New Jersey officials have indicated they are evaluating options for appeal or legislative response. The outcome of pending Supreme Court cases involving Connecticut and Illinois could provi...

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A federal appeals court ruled Friday that New Jersey's ban on semiautomatic rifles and high-capacity magazines violates the Second Amendment, marking what legal experts describe as a significant expansion of gun rights at the appellate level.

The Third Circuit Court of Appeals reached its decision by a 10-5 vote, expanding upon a lower court's ruling that had found only New Jersey's ban on Colt AR-15 rifles unconstitutional. The appeals court went further, concluding that constitutional protections extend to all semiautomatic rifles covered by the state's assault weapons ban.

What the Left Is Saying

New Jersey Attorney General Jennifer Davenport, a Democrat, criticized the ruling in strong terms, calling it "as unfortunate as it is legally incorrect."

"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," Davenport said. She added that the state was already exploring its legal options following the ruling.

Gun control advocates have argued that such weapons pose unique risks to public safety. The ruling comes as similar bans remain under challenge at the Supreme Court level in Connecticut and Illinois.

What the Right Is Saying

The Firearms Policy Coalition, one of the plaintiffs in the case, celebrated the decision as a major victory.

"This is a massive victory for the People and another devastating blow to the authoritarian war on gun owners," FPC President Brandon Combs said in a statement.

Supporters of the ruling argue that semiautomatic rifles are commonly owned by millions of Americans for lawful purposes including sport shooting, hunting, and self-defense. They contend that bans on commonly possessed firearms violate constitutional protections.

What the Numbers Show

The Third Circuit's 10-5 decision represents a substantial majority within the panel but not a unanimous ruling, reflecting ongoing judicial division on Second Amendment questions following the Supreme Court's 2022 Bruen decision.

New Jersey's assault weapons ban had been in place for years prior to this ruling. The state is among several that have enacted restrictions on semiautomatic rifles and magazines capable of holding more than a specified number of rounds.

The Supreme Court is currently considering challenges to similar bans in Connecticut and Illinois, which could provide further guidance on the constitutional boundaries of gun regulation at the state level.

The Bottom Line

This ruling marks an escalation in Second Amendment litigation following Bruen, establishing that federal courts may be increasingly willing to scrutinize state-level restrictions on commonly owned firearms. New Jersey officials have indicated they are evaluating options for appeal or legislative response. The outcome of pending Supreme Court cases involving Connecticut and Illinois could provide additional precedent or potentially overturn lower court decisions if the justices choose to weigh in more directly on assault weapons bans.

Sources