Third Circuit Strikes Down New Jersey's Assault Weapon Ban
The U.S. Third Circuit Court of Appeals overturned New Jersey's assault weapons ban and magazine capacity restrictions, removing one of the nation's strictest state-level firearms regulations. New Jersey's Attorney General has now provided a date for determining the state's next legal move, signaling either a potential appeal to the Supreme Court or acceptance of the ruling. The decision upends years of enforcement against owners of AR-15 variants and modern sporting rifles.
Key Details
- The Third Circuit found New Jersey's ban unconstitutional, likely on Second Amendment grounds under District of Columbia v. Heller and post-Bruen analysis
- The law prohibited possession, sale, and transfer of "assault weapons" and limited magazine capacity to 10 rounds
- New Jersey's AG will announce whether the state seeks Supreme Court review or concedes the case by a specific date provided to the court
- The ruling affects all gun owners currently in violation of the ban under state law
Why It Matters for Gun Owners
If upheld, this decision immediately affects the roughly half-million estimated gun owners in New Jersey who own AR-15s, AK-variant rifles, and other firearms classified as "assault weapons" under state law. Owners currently face felony charges for possessing magazines over 10 rounds. A final ruling could decriminalize those firearms and restore standard-capacity magazine sales. The Attorney General's timeline means clarity is weeks away—not months. Gun owners in New Jersey should monitor the AG's announcement for confirmation that the law is no longer enforceable. Any subsequent Supreme Court appeal could extend uncertainty, but a Third Circuit decision typically carries weight in the region and may influence other circuit courts examining similar state bans.
DownRange Analysis
The Third Circuit's decision aligns with New York State Rifle & Pistol Association v. Bruen, which requires laws restricting "arms in common use" to survive historical scrutiny. AR-15s and modern sporting rifles easily meet the "common use" standard. New Jersey's defense likely rested on public safety and "intermediate scrutiny" arguments—precisely what Bruen rejected. An appeal to the Supreme Court is possible but carries significant political risk for New Jersey if the Court reaffirms Bruen's framework. The faster legal path is acceptance, which would make New Jersey one of the only high-restriction states forced to repeal such a ban. Gun owners should expect either immediate clarity or a drawn-out Supreme Court fight. Either way, possession of currently-banned firearms appears constitutionally protected.
