Federal Appeals Court Overturns New Jersey’s Ban on Assault Weapons

Appeals Court Decision

A federal appeals court decided Friday that New Jersey’s bans on assault firearms and magazines holding more than 10 rounds are unconstitutional. This marks the first instance of a federal appeals court striking down a state ban on such weapons. The ruling coincides with the U.S. Supreme Court’s upcoming review of whether bans on semiautomatic rifles infringe on the Second Amendment. Recently, another federal appeals court upheld Illinois’ ban on semiautomatic weapons.

Previous Rulings and Legal Opinions

In July 2024, a federal judge deemed New Jersey’s ban on AR-15s unconstitutional but upheld the restriction on larger magazines. However, on Friday, the 3rd U.S. Circuit Court of Appeals declared both the state’s ban on semiautomatic rifles, categorized as “assault firearms,” and the restriction on “large capacity ammunition magazines” unconstitutional.

Reactions

New Jersey Attorney General Jennifer Davenport, a Democrat, criticized the decision as “unfortunate” and “legally incorrect.” She noted that other federal circuit courts have reached different conclusions. Davenport emphasized the role of assault weapons and large capacity magazines in mass shootings and defended the state’s actions as reasonable and lawful, stating, “We are considering our options.”

“Every other federal circuit court to consider the issue has come out the other way,” Davenport remarked.

John Commerford, executive director of the National Rifle Association Institute for Legislative Action, praised the ruling as a “historic victory for the NRA, the Second Amendment, and law-abiding Americans.”

Impact Across States

Currently, New Jersey is one of 10 states and the District of Columbia that have laws generally prohibiting the manufacture, sale, and transfer of assault weapons. Additionally, New Jersey and 11 other states limit magazine capacity to 10 rounds either generally or for specific firearm types.

Expert Analysis

Adam Winkler, a law professor at UCLA, expressed surprise at the ruling, citing past federal appeals court decisions upholding assault weapons bans. He suggested the decision might indicate the Supreme Court’s upcoming stance on assault weapons bans.

“What this Third Circuit opinion shows is that there are very few gun laws that are safe from being struck down right now,” Winkler observed.