Landmark ruling declares ban on commonly-owned semi-automatic firearms unconstitutional under the Second Amendment
In a historic victory for the Second Amendment, the U.S. Court of Appeals for the Third Circuit has ruled that New Jersey’s ban on so-called “assault weapons” and its prohibition on magazines holding more than 10 rounds violate the Constitution.
The 10-5 decision marks the first time a federal appeals court has invalidated a state-level ban on commonly-owned semi-automatic firearms, setting the stage for an even larger Constitutional battle at the U.S. Supreme Court.
Writing for the majority, Judge Arianna Freeman explained that the Supreme Court’s recent Second Amendment decisions make clear that governments cannot broadly prohibit entire classes of firearms that are commonly owned for lawful purposes simply because lawmakers believe doing so may reduce crime.
The ruling expands on a lower court’s decision that had previously struck down New Jersey’s prohibition on AR-15 rifles, extending Constitutional protection to the state’s broader ban on semi-automatic rifles and its magazine capacity restrictions.
The court also directed further review of New Jersey’s restrictions on certain semi-automatic pistols and shotguns, signaling that additional portions of the state’s gun control laws could face Constitutional scrutiny.
New Jersey officials criticized the decision and indicated they are considering additional legal options, arguing the restrictions are necessary to combat violent crime and mass shootings.
For gun rights advocates, however, the decision represents another major affirmation that the Second Amendment protects firearms that are in common use by law-abiding Americans — not just those the government finds politically acceptable.
The National Association for Gun Rights has long maintained that bans on commonly-owned semi-automatic firearms directly conflict with the Constitution’s text, history, and tradition, and this latest ruling reinforces that position.
The timing of the decision is especially significant, coming just weeks after the Supreme Court agreed to hear challenges to similar “Assault Weapons” Bans in Illinois and Connecticut.
As those cases move toward the nation’s highest court, the Third Circuit’s opinion delivers the strongest appellate endorsement yet of the principle that Constitutional rights cannot be erased by legislative labels or broad prohibitions on firearms owned by millions of peaceable Americans.
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