Judge keeps NJ’s ‘assault weapon’ ban in place pending Supreme Court review

A federal appellate judge has ordered New Jersey’s longstanding ban on certain semiautomatic rifles and large-capacity magazines to remain in effect until the U.S. Supreme Court decides whether to consider the case.

The U.S. 3rd Circuit Court of Appeals’ full bench struck down the ban in a ruling last month. But the state asked the court last week to pause that order, citing contradictory appellate rulings in other states they hope the nation’s top court will review and resolve.

Tuesday, Judge Arianna J. Freeman agreed to do so in a brief order, staying the 3rd Circuit’s July ruling until the nation’s top court either decides to let it stand or intervenes to issue its own final decree.

Attorney General Jen Davenport applauded the decision.

“We are thrilled that the Third Circuit this morning stayed its ruling in our assault weapons/large-capacity magazines case while our petition to the US Supreme Court proceeds,” she said in a statement. “That ensures this 36-year-old law will remain in place as litigation continues — providing much-needed stability on the ground. We will continue to stand up for common-sense gun-safety laws in court.”

New Jersey’s so-called assault weapons ban dates to 1990 and bars ownership of 66 listed rifles and shotguns and similar firearms plus those with certain characteristics, like a pistol grip, a threaded barrel meant to accept muzzle devices like flash hiders and suppressors, or folding or telescoping stocks.

Its high-capacity magazine ban bars any magazine that can hold more than ten rounds of ammunition.

The Association of New Jersey Pistol and Rifle Clubs brought the suit.

Gun owners have also challenged a more recent New Jersey law that bars firearms in an array of locations. A divided three-judge 3rd Circuit panel upheld most of the law but gun owners want the court’s full panel of judges to rule on their challenge.