A federal appeals court has ruled that New Jersey’s bans on assault weapons and magazines holding more than 10 rounds are unconstitutional. This marks the first time a federal appeals court has invalidated a state ban on these weapons. The decision arrives as the U.S. Supreme Court considers whether bans on semiautomatic rifles breach the Second Amendment. Last week, another federal appeals court upheld a similar ban in Illinois.

The 3rd U.S. Circuit Court of Appeals ruled that New Jersey’s prohibitions on semiautomatic rifles deemed as ‘assault firearms’ and ‘large capacity ammunition magazines’ are unconstitutional. This decision expands on a July 2024 federal judge’s ruling, which found the state’s ban on AR-15s unconstitutional but maintained the restriction on larger magazines.

New Jersey Attorney General Jennifer Davenport expressed disappointment with the ruling, calling it ‘unfortunate’ and ‘legally incorrect.’ She pointed out that other federal circuit courts have upheld such bans. Davenport emphasized the role of assault weapons and large magazines in mass shootings, stating that New Jersey acted lawfully in imposing these restrictions.

John Commerford, representing the National Rifle Association’s Institute for Legislative Action, hailed the ruling as a ‘historic victory’ for gun rights and the Second Amendment. According to the Giffords Law Center to Prevent Gun Violence, a total of 10 states and the District of Columbia have similar bans on assault weapons. Additionally, these regions cap magazine capacity at 10 rounds, either generally or for specific firearms.

Adam Winkler, a law professor at UCLA, noted the ruling’s unexpected nature, as federal courts of appeals have previously upheld such bans. He suggested the decision might indicate the Supreme Court’s forthcoming opinion on assault weapons bans. Winkler commented, ‘What this Third Circuit opinion shows is that there are very few gun laws that are safe from being struck down right now.’