First Circuit Upholds Massachusetts Modern Rifle Ban Despite Split Rulings
The First Circuit Court of Appeals upheld Massachusetts' assault weapon and large-capacity magazine ban on July 22, 2026. The three-judge panel rejected Second Amendment challenges just days after the Third Circuit struck down New Jersey's nearly identical restrictions. This split creates conflicting federal precedent that will likely reach the Supreme Court again.
Massachusetts gun owners cannot legally own AR-15s, AR-10s, or other modern sporting rifles. The state's ban affects rifles with certain features and magazines holding more than 10 rounds. Residents face felony charges for possession. Transfer, sale, and importation remain illegal across state lines.
Why It Matters for Gun Owners
This decision locks in Massachusetts' gun restrictions while New Jersey's residents gained relief from federal courts. Gun owners in the First Circuit (Massachusetts, Rhode Island, Puerto Rico) now face harsher legal terrain than those in the Third Circuit (New Jersey, Pennsylvania, Delaware, Virgin Islands). The gap between circuits creates confusion for anyone who travels or relocates.
Competitors shooting modern rifles must verify legal status before entering matches across state lines. Hunters cannot transport firearms they own legally in one state through Massachusetts without risking federal charges. Gun retailers near state borders must maintain separate inventory for each jurisdiction.
The conflicting rulings expose weakness in the Supreme Court's 2022 Bruen framework. Different judges interpret "historical grounding" differently, leaving gun owners in legal limbo. Court challenges take years. Appeals drag longer. Meanwhile, citizens lose constitutional rights based on geography.
Background: The Bruen Framework and Circuit Split
The Supreme Court's Bruen decision (New York State Rifle & Pistol Association v. Bruen, June 2022) changed how courts evaluate gun regulations. The decision required laws to have historical precedent—roughly equivalent restrictions must have existed when the Second Amendment was drafted or ratified in the 1800s.
Massachusetts' ban predates Bruen. The state prohibited these rifles in 1998 and tightened definitions in 2004. Gun rights attorneys argued modern rifle bans lack historical grounding, violating Bruen's test. The First Circuit disagreed, finding sufficient historical parallels in 19th-century restrictions on certain weapons.
New Jersey faced identical arguments. Their ban mirrored Massachusetts' legal language. The Third Circuit rejected the ban as unconstitutional under Bruen, finding no adequate historical precedent. Same law, different outcome.
This conflict will force Supreme Court intervention. Federal appeals courts cannot operate under contradictory constitutional standards indefinitely. The Court will ultimately decide whether modern rifles receive Second Amendment protection under Bruen's test.
DownRange Bottom Line
Gun owners in Massachusetts lost a major federal appeal. The First Circuit's decision keeps modern rifles illegal statewide. However, the Third Circuit's contradictory ruling on nearly identical New Jersey restrictions signals the Supreme Court will revisit this issue soon.
For gun owners: document your current firearms legally owned in your state. Consult attorneys before traveling with firearms across state lines. The law remains unstable. Appeals continue. Nothing is final until the Supreme Court rules.
Expect more litigation. Expect more splits. Expect appeals to reach Washington. Gun rights organizations will file petitions for Supreme Court review within months. This fight is far from over.
