Landmark Decision: Federal Appeals Court Rejects New Jersey's AR-15 And Magazine Bans

In a major en banc ruling, the U.S. Court of Appeals for the Third Circuit voted 10-5 to invalidate New Jersey’s bans on AR-15-style semi-automatic rifles and magazines that hold more than a certain number of rounds. The decision applies across the circuit, covering New Jersey, Pennsylvania, and Delaware.

The majority opinion found that these firearms qualify as protected “arms” under the Second Amendment. The court noted that the rifles are firearms in common use for lawful purposes such as self-defense, hunting, and sport shooting. It determined there is no historical tradition from the Founding era that supports the kind of broad prohibitions New Jersey enacted. The ruling drew on Supreme Court precedents that require modern gun restrictions to be consistent with the nation’s historical regulatory tradition and that protect weapons commonly used by law-abiding citizens.

New Jersey had passed the measures as part of efforts to reduce gun violence. The court acknowledged public-safety goals but concluded they do not override constitutional protections when the restrictions target entire classes of commonly owned firearms without sufficient historical support.

New Jersey Governor Mikie Sherrill strongly criticized the outcome, calling it dangerous and out of step with residents of the state. She argued the decision would make communities less safe and pledged that the state would continue defending its gun laws.

A dissenting opinion took the view that AR-15-style rifles and large-capacity magazines possess features that make them unsuitable for ordinary self-defense needs and therefore fall outside Second Amendment coverage.

The ruling creates a split among federal appeals courts on similar issues. This increases the chance that the U.S. Supreme Court will review the constitutionality of assault-weapon and magazine restrictions, especially since the high court is already considering related cases from other states.

The decision removes New Jersey’s statewide bans on these firearms and magazines within the Third Circuit’s jurisdiction, allowing possession subject to other applicable federal and state rules.