Major appeals court declares New Jersey AR-15 ban unconstitutional in landmark Second Amendment ruling
A federal appeals court on Friday struck down New Jersey‘s ban on semiautomatic rifles and magazines capable of holding more than 10 rounds, prompting the National Rifle Association (NRA) to call the decision a “historic victory” in a case the gun-rights organization has litigated since 2018.
In a sweeping en banc ruling, the Philadelphia-based 3rd U.S. Circuit Court of Appeals held that New Jersey’s assault-firearm and large-capacity magazine restrictions violate the Second Amendment.
The court expanded a lower court’s ruling by declaring the state’s so-called “assault-firearm” ban unconstitutional as it applied to the full class of semiautomatic rifles, not just the AR-15, and also struck down New Jersey’s ban on semiautomatic rifles and its restrictions on magazines capable of holding more than 10 rounds.
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“This is an NRA case that we’ve been litigating since 2018, so it’s a monumental win,” Justin Davis, managing director of public affairs for the National Rifle Association, told Fox News Digital.
The NRA celebrated the decision in a statement, calling it a major victory for gun owners nationwide.
“Today marks a historic victory for the NRA, the Second Amendment, and law-abiding Americans,” the organization said.
“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.”
“This ruling protects the rights of millions of responsible gun owners in the Garden State and serves as another benchmark in our efforts to dismantle gun control across the country.”
Writing for the majority, U.S. Circuit Judge Arianna Freeman, a Biden appointee, said the Supreme Court’s Second Amendment decisions in District of Columbia v. Heller, New York State Rifle & Pistol Association v. Bruen and subsequent cases require governments to show modern firearm restrictions are consistent with America’s historical tradition of firearm regulation.
Applying that framework, the court concluded New Jersey failed to meet that burden.
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The majority held that New Jersey’s ban on semiautomatic rifles violates the Second Amendment and reversed the district court’s decision upholding the state’s ban on magazines capable of holding more than 10 rounds.
The opinion said New Jersey enacted its “assault-firearms law” in 1990, following a California elementary school shooting.
According to the court, the governor at the time described the banned firearms as “guns capable of wholesale destruction” that were “designed to wipe out the greatest number of people in the shortest possible time.”
The majority concluded that semiautomatic rifles and magazines capable of holding more than 10 rounds are protected by the Second Amendment and that New Jersey failed to demonstrate the restrictions are consistent with America’s historical tradition of firearm regulation.
Several judges dissented, arguing the banned firearms are unusually dangerous military-style weapons that states have long had authority to regulate and that the decision conflicts with every other federal appeals court to uphold similar state restrictions.
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