A federal appeals court declared on Friday that New Jersey’s bans on assault firearms and magazines exceeding 10 rounds are unconstitutional. This marks the first instance where a federal appeals court has overturned a state prohibition on such weapons. The decision comes as the U.S. Supreme Court is poised to consider if bans on semiautomatic rifles are in violation of the Second Amendment. Notably, a separate federal appeals court upheld Illinois’ ban on semiautomatic weapons just last week.
The recent ruling by the 3rd U.S. Circuit Court of Appeals surpasses a July 2024 ruling by a federal judge. That judge found New Jersey’s ban on AR-15s specifically unconstitutional but maintained the restriction on larger magazines. However, on Friday, the appeals court stated that New Jersey’s prohibition on all semiautomatic rifles deemed ‘assault firearms’ and the restriction on ‘large capacity ammunition magazines’ were unconstitutional.
New Jersey Attorney General Jennifer Davenport, a Democrat who defended the law, labeled the decision as ‘unfortunate and legally incorrect.’ She noted that every other federal circuit court has ruled oppositely. Davenport emphasized that assault weapons and large-capacity magazines significantly contribute to mass shootings, arguing that New Jersey’s actions were reasonable and lawful. ‘We are considering our options,’ Davenport added.
John Commerford, executive director of the National Rifle Association Institute for Legislative Action, hailed the ruling as a ‘historic victory for the NRA, the Second Amendment, and law-abiding Americans.’
According to the Giffords Law Center to Prevent Gun Violence, New Jersey joins ten states and the District of Columbia with laws generally prohibiting the manufacture, sale, and transfer of assault weapons. Additionally, the District of Columbia, New Jersey, and 11 other states usually cap magazine capacity at 10 rounds or less for specified firearms.
Adam Winkler, a law professor at the University of California, Los Angeles, described the ruling as surprising, given that federal courts of appeals previously supported assault weapons bans. However, he mentioned that the decision ‘may be foretelling the Supreme Court’s upcoming opinion on assault weapons bans.’ Winkler commented on the precarious status of gun laws, stating, ‘What this Third Circuit opinion shows is that there are very few gun laws that are safe from being struck down right now.’
Kelety reported from Phoenix.
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