NEW JERSEY — The 3rd U.S. Circuit Court of Appeals ruled that New Jersey's ban on assault firearms and magazines holding more than 10 rounds is unconstitutional. The decision applies to all semiautomatic rifles classified as “assault firearms” and restrictions on “large capacity ammunition magazines.”

This marks the first time a federal appeals court has struck down a state ban on assault weapons and large-capacity magazines. The court voted 10-5 to invalidate the prohibitions established by state law.

U.S. Circuit Judge Arianna Freeman wrote the majority opinion, which relied on the historical tradition of firearm regulation to justify the reversal. “The Supreme Court’s recent Second Amendment rulings teach that bans or broad prohibitions on possessing or carrying of a class of weapons in common use for lawful purposes fail to find support in our Nation’s tradition of firearm regulation,” Freeman wrote. She added that this standard applies even when the regulations are passed with the intention of reducing gun violence. Two judges appointed by President Joe Biden joined the majority, which otherwise consisted of judges appointed by Republican presidents.

U.S. Circuit Judge Patty Shwartz issued a dissenting opinion challenging the majority's interpretation of permissible state regulations. “States were entitled to ban certain weapons, including 'dangerous and unusual' ones like semi-automatic rifles 'that gunmen have continued to use to commit crimes and mass shootings,'” Shwartz wrote.

Jersey Attorney General Jennifer Davenport criticized the ruling in a statement released after the decision. Davenport stated the decision is “as unfortunate as it is legally incorrect.” She noted that “every other federal circuit court to consider the issue has come out the other way.” Davenport argued that “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.” Her office is considering its options.

The legal challenge originated from lawsuits filed by gun rights groups, including the Firearms Policy Coalition. The plaintiffs argued that Jersey's law could no longer stand after the Supreme Court's 2022 ruling in New York State Rifle & Pistol Association v. Bruen. That decision held that modern gun restrictions must be consistent with the nation's historical tradition of firearm regulation. Jersey's lawyers had argued the state was justified in banning assault weapons, characterizing them as military-style weapons capable of causing wholesale destruction.

The ruling arrives as the U.S. Supreme Court is set to consider whether bans on semiautomatic rifles violate the Second Amendment. The high court agreed last month to review rulings that upheld similar bans in Cook County, Illinois, and Connecticut. A different federal appeals court upheld Illinois' ban on semiautomatic weapons the week prior to the Jersey ruling. In July 2024, a federal judge ruled that Jersey's ban on AR-15s was unconstitutional but upheld the ban on large-capacity magazines.

According to the Giffords Law Center to Prevent Gun Violence, 10 states and the District of Columbia have laws generally banning the manufacture, sale, and transfer of assault weapons. The District of Columbia, Jersey, and 11 other states cap magazine capacity at 10 rounds generally or for certain types of firearms. Adam Winkler, a law professor at the University of California, Los Angeles, said the ruling was surprising because federal courts of appeals have upheld assault weapons bans in the past. “What this Third Circuit opinion shows is that there are very few gun laws that are safe from being struck down right now,” Winkler said.