A federal appeals court on Friday declared New Jersey's bans on assault firearms and magazines holding more than 10 rounds unconstitutional. This decision by the 3rd U.S. Circuit Court of Appeals represents the first time a federal appellate court has overturned a state-level prohibition on these types of weapons and ammunition feeding devices.
The ruling expands upon a July decision by a federal judge who found the state's ban on AR-15-style rifles unconstitutional but upheld restrictions on larger magazines. The appeals court, however, concluded that the state's entire prohibition on firearms classified as "assault firearms" and its restrictions on "large capacity ammunition magazines" were unconstitutional.
New Jersey Attorney General Jennifer Davenport, a Democrat, stated that the decision is "as unfortunate as it is legally incorrect." She noted that "Every other federal circuit court to consider the issue has come out the other way." Davenport added that "Assault weapons and large capacity magazines play a dangerous role in the modern epidemic of mass shootings, and New Jersey acted reasonably and lawfully in restricting them." Her office is currently considering its next legal steps.
John Commerford, executive director of the National Rifle Association Institute for Legislative Action, hailed the ruling as a "historic victory for the NRA, the Second Amendment, and law-abiding Americans." He asserted that the Third Circuit "has struck down these unconstitutional so-called assault weapons bans and magazine bans in New Jersey, affirming what we’ve always known: the right to keep and bear arms, including commonly-owned rifles and standard-capacity magazines, is fundamental and cannot be infringed by politicians who prioritize control over constitutional freedoms."