Court strikes down NJ’s ‘assault weapons’ ban and magazine capacity restrictions

A federal appeals court has struck down New Jersey’s ban on certain semiautomatic firearms and large-capacity magazines, saying both unconstitutionally violate the gun rights the Second Amendment enshrined.

In a lengthy split ruling issued Friday, the U.S. 3rd Circuit Court of Appeals sided with the Association of New Jersey Rifle and Pistol Clubs, a group representing over a million gun owners that challenged the bans in 2022.

The court’s majority heavily cited the U.S. Supreme Court’s 2022 decision known as Bruen, which declared gun owners have a constitutional right to carry — and that firearm restrictions must be firmly rooted in the historical traditions that existed when the Second Amendment was ratified 235 years ago. Eight judges joined the majority decision, including five Trump appointees, two Bush appointees, and one Biden appointee.

Judge Paul Matey, a Trump appointee who filed a separate but concurring opinion, lamented “New Jersey’s repeated and relentless assault on the Second Amendment,” adding that the state’s attorneys “at every turn have turned a blind eye to the Constitution while prioritizing histrionics over history.”

“New Jersey’s blunderbuss legislation is now, as it was the last three trips to this Court, unconstitutional,” Matey wrote.

Judge Patty Shwartz, an Obama appointee, penned a dissent that three other judges (two Obama appointees and a Reagan appointee) joined. She noted that the New Jersey Legislature banned both semiautomatic rifles and large-capacity magazines to protect residents.

“Its legislative scheme is consistent with our Nation’s long-held tradition of regulating particularly dangerous weapons and was responsive to dramatic technological changes and horrific uses of that technology, which legislatures of the past could not have foreseen,” Shwartz wrote. “The majority disregards democratic will and Supreme Court precedent, risking a dangerous aftermath for the People of New Jersey and those beyond.”

It’s unclear if the state will appeal to the U.S. Supreme Court, with Attorney General Jen Davenport saying state officials are weighing what to do next. She called the majority’s ruling “as unfortunate as it is legally incorrect.”

“Every other federal circuit court to consider the issue has come out the other way,” Davenport said in a statement. “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.”

The state’s law enforcement officers will continue to enforce other firearms laws and “treat gun violence like the public health crisis that it is,” Davenport added.

The National Rifle Association funded the lawsuit, and an NRA attorney argued the case before the 3rd Circuit’s full bench. John Commerford, executive director of the NRA’s Institute for Legislative Action, called Friday’s ruling “a historic victory.”

“The right to keep and bear arms, including commonly-owned rifles and standard-capacity magazines, is fundamental and cannot be infringed by politicians who prioritize control over constitutional freedoms,” Commerford said in a statement.

New Jersey’s ban on semiautomatic firearms dates to 1990, when lawmakers criminalized the possession of about 66 semiautomatic rifles and shotguns and those that have either a pistol grip, folding stock, or a magazine that holds more than six rounds, according to the association’s lawsuit. Violators face up to 10 years in prison and $150,000 in fines.

The state Attorney General’s Office in 1996 defined guns as assault weapons if they have a combination of things like a grenade launcher, flash suppressor, bayonet mount, or telescoping stock.

A large capacity magazine, by the state’s definition, are those that carry more than 10 rounds of ammunition. Restrictions on magazine capacity also were enacted in 1990, but the state lowered the number of rounds allowed in a single magazine from 15 to 10 in 2018.