A federal appeals court has declared New Jersey's ban on semiautomatic rifles and magazines capable of holding more than 10 rounds unconstitutional, a decision the National Rifle Association characterized as a "historic victory."
The Philadelphia-based 3rd U.S. Circuit Court of Appeals issued a sweeping en banc ruling that found the state's restrictions on these firearms and magazines violate the Second Amendment.
The court's decision expanded a lower court's finding by declaring New Jersey's ban on what it terms "assault-firearm" unconstitutional as applied to the full category of semiautomatic rifles, not just specific models like the AR-15. It also struck down the state's prohibition on large-capacity magazines.
The NRA, which has been litigating the case since 2018, celebrated the ruling, stating that it affirms the fundamental right to keep and bear arms.
"Today marks a historic victory for the NRA, the Second Amendment, and law-abiding Americans," the organization said in a statement. "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."
In the majority opinion, U.S. Circuit Judge Arianna Freeman, an appointee of President Biden, referenced Supreme Court decisions, including District of Columbia v. Heller and New York State Rifle & Pistol Association v. Bruen. She stated that these rulings require governments to demonstrate that modern firearm restrictions align with America's historical tradition of firearm regulation.
The court concluded that New Jersey had not met this burden. The majority found that semiautomatic rifles and magazines holding more than 10 rounds are protected by the Second Amendment. The ruling reversed a district court's decision that had upheld the state's ban on large-capacity magazines.
New Jersey enacted its "assault-firearms law" in 1990, following a school shooting in California. At the time, the governor described the banned firearms as "guns capable of wholesale destruction" designed for maximum casualties. The court determined that the state failed to provide historical evidence to justify its current restrictions on these commonly owned firearms and magazines.
Several judges dissented from the majority opinion, arguing that the banned firearms are military-style weapons that states have long been authorized to regulate. They also noted that this ruling conflicts with decisions from other federal appeals courts that have upheld similar state restrictions.