Appeals Court Declares New Jersey Assault Weapons Ban Unconstitutional

A recent ruling by a federal appeals court has determined that New Jersey’s prohibitions on assault firearms and magazines with a capacity of more than 10 rounds are unconstitutional. This marks the first instance where a federal appeals court has invalidated a state ban on such weapons. The U.S. Supreme Court is set to review whether bans on semiautomatic rifles conflict with the Second Amendment.

In contrast, another federal appeals court recently upheld Illinois’ ban on semiautomatic weapons. The decision regarding New Jersey extends beyond a previous ruling from July 2024, where a judge found the ban on AR-15s unconstitutional but supported the restriction on larger magazines. The 3rd U.S. Circuit Court of Appeals declared that both the ban on semiautomatic rifles classified as ‘assault firearms’ and the limitation on ‘large capacity ammunition magazines’ were unconstitutional.

New Jersey Attorney General Jennifer Davenport, representing the law, expressed her disappointment, stating, “The decision is as unfortunate as it is legally incorrect.” Davenport pointed out that other federal circuit courts have upheld similar restrictions. She emphasized the state’s aim to limit the role of assault weapons and large capacity magazines in mass shootings, indicating that they are reviewing further options.

John Commerford, from the National Rifle Association Institute for Legislative Action, celebrated the ruling as a significant triumph for Second Amendment rights and law-abiding citizens. Besides New Jersey, 10 states and the District of Columbia have established laws against the manufacturing, sale, and transfer of assault weapons. These areas, along with New Jersey, typically enforce a magazine capacity limit of 10 rounds.

Adam Winkler, a law professor at UCLA, noted the surprising nature of the decision given that federal appeals courts have historically upheld assault weapon bans. He suggested the ruling could signal upcoming Supreme Court opinions on gun control legislation. Winkler remarked, “This Third Circuit opinion shows that very few gun laws are immune from being challenged right now.”

Kelety reported from Phoenix.