Federal Appeals Court Strikes Down New Jersey AR-15 Ban in Landmark Ruling

A federal appeals court has declared New Jersey’s ban on semiautomatic rifles and magazines capable of holding more than 10 rounds unconstitutional, marking the first time a federal appellate court has struck down a state’s assault weapons ban under the Second Amendment. The 10-5 en banc decision by the U.S. Court of Appeals for the Third Circuit creates a direct circuit split that makes Supreme Court review virtually certain.

The Ruling

In a sweeping 192-page opinion issued on July 17, the Philadelphia-based court held that New Jersey’s “Assault Firearm Provisions” violate the Second Amendment with respect to the full class of semiautomatic rifles, expanding on a lower court ruling that had only applied to the Colt AR-15. The court also struck down the state’s ban on magazines capable of holding more than 10 rounds, reversing the district court on that issue.

Writing for the majority, U.S. Circuit Judge Arianna J. Freeman — a Biden appointee — applied the framework established by the Supreme Court in New York State Rifle & Pistol Association v. Bruen, which requires modern firearm restrictions to be consistent with America’s historical tradition of firearm regulation. The court concluded New Jersey failed to meet that burden.

According to Fox News, the majority found that approximately 24 million semiautomatic rifles are in common use for lawful purposes nationwide, placing them squarely within Second Amendment protection. The court clarified that only weapons that are both “dangerous and unusual” fall outside constitutional protection — not merely dangerous weapons.

Background and Legal Context

New Jersey enacted its assault-firearms law in 1990 following a California elementary school shooting, defining dozens of weapons as “assault weapons” including Colt AR-15 and CAR-15 rifles, M1 carbine types, and certain shotguns. The law also banned semiautomatic rifles with magazine capacities exceeding 10 rounds.

The case, Association of New Jersey Rifle and Pistol Clubs, Inc. v. Attorney General New Jersey, was originally filed in 2018 by the NRA’s state affiliate. In July 2024, a federal district judge ruled that New Jersey’s ban on AR-15s specifically was unconstitutional but upheld the provision barring larger magazines. Both sides appealed, leading to the en banc Third Circuit ruling.

As NorthJersey.com reported, the ruling comes just one week after another federal appeals court upheld Illinois’ ban on semiautomatic weapons, creating a direct conflict among the circuits. The Supreme Court had already agreed in June 2026 to hear challenges to assault weapons bans in Cook County, Illinois, and Connecticut.

Reactions

The decision drew sharply divided reactions. John Commerford, Executive Director of the NRA-ILA, called it a “historic victory” in a case the organization has litigated since 2018. “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,” Commerford said.

New Jersey Attorney General Jennifer Davenport sharply criticized the ruling, calling it “as unfortunate as it is legally incorrect.” According to The Guardian, Davenport noted that “every other federal circuit court to consider the issue has come out the other way” and said the state is “considering our options.” Governor Mikie Sherrill’s office vowed not to back down from “extreme, right-wing attempts to weaken the laws of New Jersey.”

Adam Winkler, a law professor at UCLA, told the Associated Press that the ruling suggests “very few gun laws are safe from being struck down right now” and may foreshadow the Supreme Court’s coming opinion on assault weapons bans.

Implications and What’s Next

The ruling invalidates key provisions of one of the nation’s strictest gun laws, which had been in place for more than 35 years. However, the bans remain in effect pending appeals, as the state is expected to seek a stay and petition the Supreme Court for certiorari.

If the Supreme Court affirms the Third Circuit’s reasoning, it could invalidate assault weapons bans in more than 10 states and the District of Columbia, including California, New York, Delaware, Connecticut, Hawaii, Maryland, Massachusetts, Vermont, and Washington. The Supreme Court is expected to hear oral arguments in related cases from Illinois and Connecticut in the fall of 2026.

The Crime Prevention Research Center noted that the decision creates a circuit court split for the first time on this issue, making Supreme Court review of the matter virtually certain. The district court must still resolve challenges to other specific firearm models and types covered by the law.

Conclusion

The Third Circuit’s ruling represents a watershed moment in the ongoing legal battle over gun rights in America. With the Supreme Court already poised to weigh in on similar bans, the decision sets the stage for what could be the most significant Second Amendment ruling since Bruen. For now, the legal landscape remains in flux as New Jersey officials pursue further appeals and gun rights advocates celebrate a landmark victory.