A federal appeals court ruled Friday that New Jersey’s ban on semiautomatic rifles and high-capacity magazines violates the Second Amendment, marking the first time a federal appellate court has struck down a state ban on so-called assault weapons.
The Third Circuit reached the decision by a 10-5 vote, expanding a lower court ruling that had found New Jersey’s ban on Colt AR-15 rifles unconstitutional.
A lower court had previously ruled that New Jersey’s ban on Colt AR-15 rifles violated the Second Amendment while upholding the state’s large-capacity magazine restriction. The appeals court went further, concluding the constitutional protection extends to all semiautomatic rifles covered by the law.
“We agree with the District Court that New Jersey’s ban on Colt AR-15s violates the Second Amendment,” the court wrote. It added that “the same result” applies to the broader class of semiautomatic rifles covered by the state’s assault weapons ban.
The appeals court relied heavily on the Supreme Court’s 2022 decision in New York State Rifle & Pistol Association v. Bruen, which held that modern gun laws must be “consistent with this nation’s historical tradition of firearm regulation,” US News reports.
New Jersey Attorney General Jennifer Davenport, a Democrat, blasted the ruling, saying it was “as unfortunate as it is legally incorrect”
“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,” Davenport said.
She added that the state was already exploring its legal options following the ruling.
The Firearms Policy Coalition, one of the plaintiffs in the case, celebrated the decision.
“This is a massive victory for the People and another devastating blow to the authoritarian war on gun owners,” FPC’s President Brandon Combs said.
The Supreme Court is currently considering challenges to similar bans in Connecticut and Illinois.
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