A federal appeals court has ruled that New Jersey’s law banning the possession of semiautomatic rifles like the AR-15 and large-capacity magazines is unconstitutional. The decision by the 3rd U.S. Circuit Court of Appeals in Philadelphia is the first time a federal appellate court has declared a state’s assault weapons ban unconstitutional, citing violations of the Second Amendment.
This ruling comes as the U.S. Supreme Court is set to review similar bans from Cook County, Illinois, and Connecticut. The Supreme Court, which has a 6-3 conservative majority, agreed last month to hear those cases.
The lawsuits challenging New Jersey's ban were filed by gun rights groups, who argued that the law could no longer be upheld following a landmark 2022 Supreme Court decision. That decision, known as New York State Rifle & Pistol Association v. Bruen, stated that modern gun restrictions must align with the nation's historical tradition of firearm regulation.
New Jersey, led by a Democratic administration, had defended its ban, arguing that it and 10 other states were justified in prohibiting assault weapons. The state characterized these weapons as military-style firearms capable of causing widespread destruction and contributing to mass shootings.
Previously, a lower court judge had ruled in 2024 that New Jersey's 1990 ban on AR-15 rifles was unconstitutional, but allowed the prohibition on large-capacity magazines to stand. The appeals court, in a 10-5 vote, expanded this finding, declaring that the ban on all types of semi-automatic rifles, not just AR-15s, as well as the ban on large-capacity magazines, violates the Second Amendment.
U.S. Circuit Judge Arianna Freeman, writing for the majority, stated that recent Supreme Court rulings on the Second Amendment indicate that broad prohibitions on possessing or carrying certain classes of weapons commonly used for lawful purposes are not supported by historical firearm regulations. She noted that this holds true even when such regulations are enacted with the aim of reducing gun violence.
Freeman was among two appointees of Democratic President Joe Biden on the majority panel, which included judges appointed by Republican presidents. The Firearms Policy Coalition, one of the groups challenging the ban, called the ruling "another devastating blow to the authoritarian war on gun owners."
In a dissenting opinion, U.S. Circuit Judge Patty Shwartz, appointed by Democratic President Barack Obama, argued that states should be permitted to ban certain weapons, particularly those deemed "dangerous and unusual" like semi-automatic rifles, which have been used in criminal acts and mass shootings.
New Jersey Attorney General Jennifer Davenport stated that her office is reviewing its options in response to the "unfortunate" decision. She defended the state's action, asserting that assault weapons and large-capacity magazines play a significant role in mass shootings and that New Jersey's restrictions were reasonable and lawful.