Third Circuit Kills New Jersey Assault Weapons Ban Under Bruen
The Third Circuit Court of Appeals overturned New Jersey's assault weapons ban, ruling that the state cannot constitutionally prohibit modern sporting rifles. The court applied New York State Rifle & Pistol Association v. Bruen (2022), finding no historical precedent supporting categorical bans on commonly owned firearms. The Trace, an anti-gun advocacy outlet, acknowledged the ruling as a significant loss for weapon restrictions.
Key Details
- Third Circuit explicitly rejected New Jersey's ban framework under Bruen's historical test
- The ruling applies to New Jersey's definition of "assault weapons," which includes AR-15s and similar rifles commonly owned for lawful purposes
- Decision signals that federal courts, including appellate panels, are consistently striking down modern rifle bans when Bruen scrutiny is applied
Why It Matters for Gun Owners
New Jersey residents can now legally own modern rifles previously prohibited under state law. This decision removes criminal liability for owning, possessing, and selling AR-15-pattern rifles in the state. For carriers and shooters in New Jersey, Pennsylvania, and Delaware (within the Third Circuit's jurisdiction), the ruling confirms that Bruen's historical methodology defeats state assault weapons statutes. Gun owners facing charges under the old ban should consult counsel on possible case dismissals or appeals. This precedent strengthens challenges to similar bans in New York, Connecticut, and Massachusetts, where nearly identical statutes face legal exposure.
DownRange Analysis
The Third Circuit's opinion confirms what Bruen promised: assault weapons bans cannot survive judicial scrutiny when courts actually apply the historical test. States cannot simply declare modern rifles dangerous and restrict them; they must demonstrate historical analogues. Bruen eliminated that burden. Anti-gun groups like The Trace recognize what's happening—state-level bans are collapsing in court. Expect similar rulings in other circuits as cases move through appeals. Gun owners should understand that Bruen is working as intended, but legislative pushback and state-level defiance remain realistic threats. Track appeals in your state's federal circuit court.
