Federal Appeals Court Overturns New Jersey Assault-Weapons Ban

On July 17 2026, the Philadelphia-based 3rd U.S. Circuit Court of Appeals held, by a 10-5 vote, that New Jersey’s ban on semiautomatic rifles such as the AR-15 and on magazines holding more than 10 rounds violates the Second Amendment. The decision marks the first time a federal appellate court has declared a state assault-weapons prohibition unconstitutional.

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New Jersey enacted its assault-weapons law in 1990 after a mass shooting at a California elementary school, prohibiting dozens of semiautomatic rifles, pistols, shotguns and “substantially identical” firearms. In 2018 the state lowered the legal magazine capacity from 15 to 10 rounds. A 2025 revision expanded the definition of “assault weapons” to include models such as the Colt AR-15, CAR-15, M1-type carbines, certain shotguns and bump-stock devices. The Supreme Court’s 2022 decision in *New York State Rifle & Pistol Association v. Bruen* required modern gun restrictions to be “consistent with this nation’s historical tradition of firearm regulation.” The Court agreed in June 2026 to review similar bans in Illinois and Connecticut, placing New Jersey’s case at the forefront of a pending national ruling.

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• Judge Arianna Freeman (Biden appointee) authored the majority opinion.

The Hill

• Judge Patty Shwartz (Obama appointee) wrote a dissent.

Reuters

• Judges Emil Bove and Jennifer Mascott (Trump appointees) joined the majority.

The Hill

• Jennifer Davenport, New Jersey Attorney General (D), issued a statement condemning the decision.

Reuters

• Brandon Combs, president of the Firearms Policy Coalition, led the plaintiff coalition.

Reuters

• John Commerford, executive director of the NRA Institute for Legislative Action, praised the ruling.

The Hill

• Assemblyman Brian Bergen (R-26th District) voiced legislative support for the decision.

The Record (New Jersey)

Attorney General Davenport called the ruling “as unfortunate as it is legally incorrect,” emphasizing that “assault weapons and large-capacity magazines play a dangerous role in the modern epidemic of mass shootings.” The Firearms Policy Coalition hailed the judgment as a “devastating blow to the authoritarian war on gun owners.” The NRA’s John Commerford described the outcome as a “historic victory for the NRA, the Second Amendment, and law-abiding Americans.”

The Hill

Judge Shwartz’s dissent argued that states may ban “dangerous and unusual” weapons, noting that AR-15-type rifles are “unusually dangerous tools used by the military and not an arm in common use by civilians for self-defense.” Assemblyman Bergen warned that the decision reinforces the constitutional nature of the Second Amendment, rejecting attempts to “bury lawful gun owners under new restrictions.”

The Hill

• Vote: 10 judges for, 5 against.

Reuters

• Majority included two Biden appointees and two Trump appointees.

Newsweek

• The ban covered all semiautomatic center-fire rifles and magazines exceeding 10 rounds.

Washington Examiner

• New Jersey’s original 1990 law targeted “dozens” of weapon categories; the 2025 amendment added specific models and bump-stock devices.

The Record (New Jersey)

A 2024 lower-court ruling had upheld the magazine-capacity restriction while striking down the AR-15 ban; the appellate court reversed both components, creating a discrepancy between the two rulings that has not yet been resolved by the Supreme Court.

Reuters

• “That is so even when the regulations are passed with the intention of reducing gun violence,” — Judge Arianna Freeman

Reuters

• “another devastating blow to the authoritarian war on gun owners.” — Brandon Combs, Firearms Policy Coalition President

Reuters

• “historic victory for the NRA, the Second Amendment, and law-abiding Americans.” — John Commerford, NRA ILA Executive Director

• “After Bruen, I warned Trenton that it could not evade a Supreme Court decision by burying lawful gun owners under new restrictions,” — Assemblyman Brian Bergen

The Record (New Jersey)

• “In sum, the AR-15’s history, features, and uses indicate it is an unusually dangerous tool used by the military and not an arm in common use by civilians for self-defense,” — Judge Patty Shwartz

The Hill

New Jersey officials indicated the state will explore a stay of the decision and may seek review by the full 3rd Circuit or directly by the Supreme Court. The high court’s pending arguments on similar bans in Illinois and Connecticut are expected to shape the future of assault-weapons regulation nationwide.

Newsweek