NJ Gun Ban Overturned
Third Circuit Rules New Jersey's Assault Weapons Ban Violates Second Amendment
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Key Points
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The Third Circuit decision notes that a state cannot ban legal weapons simply because it deems them unusually dangerous.
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Ten of the 15 judges on the Third Circuit joined the en banc decision, signaling broad panel agreement.
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NRA-ILA executive director John Commerford called the ruling a historic victory for the NRA, the Second Amendment, and law-abiding Americans.
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The decision comes amid a broader Bruen-era litigation landscape, including Justice Department actions against Virginia and other federal challenges to blue-state bans.
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Observers say the Third Circuit ruling could accelerate the Supreme Court’s handling of similar Illinois and Connecticut assault-weapons challenges, increasing urgency for the high court's review.
A federal appeals court has struck down New Jersey's assault weapons ban and its 10-round magazine limit, ruling both violate the Second Amendment. WTOP reported the Third Circuit's 10-5 en banc decision is the first time a federal appellate court has thrown out a state assault weapons ban under the Supreme Court's Bruen framework.
The ruling covers semiautomatic center-fire rifles and magazines holding more than 10 rounds. New Jersey's attorney general called the decision legally flawed. Gun-rights advocates called it a landmark win. The case now adds pressure on the Supreme Court, which has already agreed to review similar bans in Illinois and Connecticut.
What the Bruen Test Means for Gun Bans
The Bruen standard, set by the Supreme Court in 2022, requires gun laws to match the nation's historical tradition of firearm regulation. In plain terms, a state must show a similar law existed in early American history. If it cannot, the restriction falls. The Third Circuit applied this test and found New Jersey came up short on both counts.
The court said a state cannot ban weapons simply because it views them as unusually dangerous. That reasoning, common before Bruen, no longer holds up under the new standard. Ten of the court's 15 judges agreed, signaling strong consensus within the panel.
NJ Calls Ruling Flawed, Gun Groups Cheer Victory
New Jersey's attorney general pushed back sharply, calling the decision legally wrong. The state has long defended its assault weapons ban as a public-safety measure. The ban covered AR-15-style rifles and other semiautomatic firearms. Officials are expected to continue fighting the ruling as litigation moves forward.
On the other side, gun-rights groups celebrated. NRA-ILA executive director John Commerford called it "a historic victory for the NRA, the Second Amendment, and law-abiding Americans." The ruling energized advocates who have spent years challenging blue-state bans in court under the Bruen framework.
Supreme Court Review of Illinois and Connecticut Bans Looms Large
The Supreme Court has already agreed to look at similar assault weapons bans in Illinois and Connecticut. The Third Circuit ruling adds urgency to that review. Observers say the decision could push the high court to move faster and decide how broadly Bruen applies to modern semiautomatic rifles.
Whatever the Supreme Court decides will set the rules for the whole country. It will determine whether states can limit semiautomatic rifles and large-capacity magazines at all. New Jersey's own bans may stay on hold while that litigation plays out, according to Click On Detroit.
A Growing Split Among Federal Courts on Assault Weapons
The Third Circuit ruling deepens a divide among federal appeals courts. Some circuits have upheld assault weapons bans. Others, now including the Third Circuit, have struck them down. That kind of split is exactly what pushes the Supreme Court to step in and settle the law nationwide.
The Justice Department has also taken action against gun laws in Virginia and other states, reflecting a broader Bruen-era litigation wave. Critics warn the Third Circuit ruling could roll back controls that have been in place for years. Court watchers say the next move belongs to the Supreme Court.
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