Third Circuit declares New Jersey assault weapons ban unconstitutional
The 3rd U.S. Circuit Court of Appeals declared New Jersey's ban on assault weapons and large-capacity magazines unconstitutional, a first for a federal appeals court. The 10-5 ruling follows the Supreme Court's 2022 Bruen decision requiring gun laws to align with historical tradition. Gun rights groups celebrated the decision, while New Jersey's Attorney General is considering the state's options as the Supreme Court reviews similar cases.
Third Circuit ruling
▪The ruling was the first by a federal appeals court to find that a state's assault weapons ban violates the Second Amendment.
▪In a dissenting opinion, U.S. Circuit Judge Patty Shwartz argued states can ban "dangerous and unusual" weapons like semi-automatic rifles.
▪Writing for the majority, U.S. Circuit Judge Arianna Freeman said bans on weapons in common use are not supported by historical tradition.
▪The appeals court's 10-5 decision overturned a 2024 lower court ruling that had upheld New Jersey's ban on large-capacity magazines.
▪On July 17, 2026, the 3rd U.S. Circuit Court of Appeals ruled New Jersey's ban on semi-automatic rifles and magazines over 10 rounds unconstitutional.
Supreme Court precedent
▪The Bruen ruling requires that modern gun restrictions be "consistent with this nation's historical tradition of firearm regulation."
▪The U.S. Supreme Court has already agreed to review similar assault weapon bans from Cook County, Illinois, and Connecticut.
▪The legal challenge followed the Supreme Court's 2022 New York State Rifle & Pistol Association v. Bruen decision, which expanded gun rights.
State assault weapons bans
▪New Jersey Attorney General Jennifer Davenport called the decision "unfortunate" and said the state was considering its options.
▪New Jersey is one of 11 states with laws banning assault weapons.
▪New Jersey's lawyers argued the ban was justified for military-style weapons that can cause "wholesale destruction" and are used in mass shootings.
Gun rights groups challenge
▪Gun rights groups, including the Firearms Policy Coalition, filed the lawsuits that led to the ruling.
▪Brandon Combs, president of the Firearms Policy Coalition, called the ruling "another devastating blow to the authoritarian war on gun owners."
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