In a landmark decision, a federal appeals court has determined that New Jersey’s legislative bans on assault firearms and high-capacity magazines contravene the Constitution. This ruling marks a significant departure from previous judicial decisions, emphasizing the ongoing national debate surrounding gun laws.
This unprecedented ruling by a federal appeals court comes as the U.S. Supreme Court prepares to evaluate the legality of semiautomatic rifle bans under the Second Amendment. In contrast, another federal appeals court recently upheld Illinois’ restrictions on similar firearms.
The 3rd U.S. Circuit Court of Appeals’ decision on Friday extends beyond a prior ruling in July 2024 by a federal judge that only invalidated New Jersey’s AR-15 ban while maintaining the prohibition on large-capacity magazines. The appeals court declared that the entirety of the laws targeting “assault firearms” and “large capacity ammunition magazines” are unconstitutional.
New Jersey Attorney General Jennifer Davenport, representing the state’s defense of the laws, criticized the ruling, stating it is “as unfortunate as it is legally incorrect.”
“Every other federal circuit court to consider the issue has come out the other way,” Davenport expressed. “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.”
John Commerford, the executive director of the National Rifle Association Institute for Legislative Action, hailed the decision as a “historic victory for the NRA, the Second Amendment, and law-abiding Americans.”
“The Third Circuit has struck down these unconstitutional so-called assault weapons bans and magazine bans in New Jersey, affirming what we’ve always known: the right to keep and bear arms, including commonly-owned rifles and standard-capacity magazines, is fundamental and cannot be infringed by politicians who prioritize control over constitutional freedoms,” Commerford stated.
