New Jersey’s longstanding prohibitions on so-called assault firearms and magazines that hold more than 10 rounds were struck down Friday by the U.S. Court of Appeals for the Third Circuit, a ruling that immediately affects the legal landscape for gun owners and state enforcement.
The 10-5 decision found that the state’s ban lacks a sufficient historical analog and therefore cannot be justified under the Supreme Court’s framework established in New York State Rifle & Pistol Association v. Bruen. The ruling overturns elements of New Jersey’s decadeslong rules that effectively barred possession of AR-15–style semiautomatic rifles and certain high-capacity magazines.
What the ruling means for residents
For now, the appeals court’s opinion declares the state prohibitions unconstitutional. New Jersey Attorney General Jennifer Davenport, whose office defended the law in court, said the decision is legally incorrect and that the state is "considering our options." The immediate statewide enforcement effect could hinge on follow-up filings, emergency motions and whether the state seeks a stay or asks the U.S. Supreme Court to review the matter.
The ruling came amid a patchwork of federal decisions across the country. Last week, a separate appeals court upheld Illinois’ semiautomatic weapons ban. The Third Circuit’s opinion is the first to invalidate a state-level ban on this scale and could influence litigation in other jurisdictions.
"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. We are considering our options," Attorney General Jennifer Davenport said in a statement.
How the court reached its decision
The majority concluded the state could not point to a historical tradition of firearm regulation comparable to the modern bans. U.S. Circuit Judge Arianna J. Freeman, writing for the majority, noted that absence as dispositive in applying Bruen’s test. The opinion included judges appointed by presidents of both parties; judges joining and dissenting reflect deep divisions in the federal judiciary over how the Second Amendment applies to modern weapons.
- Decision: Third U.S. Circuit Court of Appeals, 10-5 majority.
- Law affected: New Jersey ban on certain semiautomatic rifles and magazines over 10 rounds.
- Next steps: State may seek rehearing, a stay or Supreme Court review.
| Vote split | Number |
|---|---|
| Majority | 10 |
| Dissent | 5 |
Outside parties reacted rapidly. John Commerford of the National Rifle Association’s legislative arm called the ruling a "historic victory" for the Second Amendment, portraying it as a restoration of rights to law-abiding citizens. State officials emphasized public-safety concerns and signaled they will evaluate legal options.
The decision arrives as the U.S. Supreme Court prepares to consider cases over semiautomatic rifle restrictions, making the Third Circuit opinion both consequential for New Jersey residents and potentially influential in national judicial debate. For now, gun owners and law enforcement in New Jersey should watch for filings from the attorney general’s office and any emergency orders that could affect enforcement status.
News Block will continue to follow filings in the Third Circuit and any response from state officials, including whether New Jersey requests rehearing or an appeal to the U.S. Supreme Court.
