Federal Appeals Court Strikes Down New Jersey's Assault Weapons Ban in Landmark Ruling

A federal appeals court on Friday struck down New Jersey's ban on assault weapons and large-capacity magazines, ruling for the first time that a state prohibition on semiautomatic rifles like the AR-15 violates the Second Amendment. The decision by the Philadelphia-based 3rd U.S. Circuit Court of Appeals, sitting en banc, was reached by a 10-5 vote and marks a watershed moment in the national fight over gun regulation.

Writing for the majority, Judge Arianna J. Freeman concluded that New Jersey's ban on the Colt AR-15 runs afoul of the Constitution, and the court modified a lower-court order to extend that holding to all semiautomatic rifles. The judges also voided the state's restriction on magazines holding more than 10 rounds, finding that such magazines are "commonly possessed by law-abiding Americans" and therefore protected. The court directed a district judge to weigh the constitutionality of the ban as applied to other firearms, including semiautomatic pistols and shotguns.

The ruling drew sharp dissents. Judge Patty Shwartz, joined by three colleagues, argued that the Second Amendment "has never been understood to guarantee a right to keep and carry any weapon whatsoever," and that AR-15s are unusually dangerous tools of war not in common civilian use for self-defense — leaving states free to ban them. Judge Cheryl Ann Krause separately dissented, writing that New Jersey's laws are consistent with the nation's long tradition of regulating particularly dangerous weapons.

The decision deepens a widening split among the federal appeals courts. Just last week, a different circuit upheld Illinois' ban on semiautomatic weapons, producing directly conflicting appellate rulings on nearly identical laws. Such splits are among the strongest signals that the Supreme Court may need to step in, and the justices have already agreed to decide whether the Second Amendment protects the AR-15, one of the best-selling rifles in the country.

New Jersey, whose assault-weapons restrictions have been on the books for decades, was represented in the case by state officials led by Attorney General Matthew Platkin, and the ruling puts one of the strictest gun-control regimes in the nation in jeopardy. The state had defended the law as a response to a string of mass shootings carried out with military-style rifles, arguing that such weapons pose distinct dangers to public safety. Gun-rights groups hailed the decision as a landmark vindication, while gun-control advocates warned it could unravel bans in other states. With the Supreme Court poised to take up the underlying question, Friday's ruling ensures the constitutional status of America's most contested rifle will soon be decided at the highest level.