State officials vow to fight ruling that invalidates bans on AR-15-style firearms and large-capacity magazines

A federal appeals court has struck down New Jersey’s bans on AR-15-style firearms and large-capacity ammunition magazines, ruling that the restrictions violate the Second Amendment.

The 3rd U.S. Circuit Court of Appeals, sitting en banc, ruled 10-5 that New Jersey’s prohibitions on semiautomatic rifles and magazines holding more than 10 rounds are unconstitutional. The decision marks the first time a federal appeals court has struck down a state’s assault weapons ban on Second Amendment grounds.

The court expanded a 2024 district court ruling that invalidated New Jersey’s ban on Colt AR-15 rifles, holding that the constitutional protection applies to the broader class of semiautomatic rifles. It also overturned the lower court’s decision upholding the state’s magazine capacity limit and sent the case back to the district court for further proceedings on other firearms covered by the law. The majority said the firearms and magazines at issue are in common use for lawful purposes and therefore protected under the Second Amendment.

The ruling follows the U.S. Supreme Court’s 2022 decision in New York State Rifle & Pistol Association v. Bruen, which requires modern gun restrictions to be consistent with the nation’s historical tradition of firearm regulation. The Supreme Court has already agreed to hear challenges to similar assault weapons bans in Illinois and Connecticut, setting up a likely nationwide resolution of the issue.

Gov. Mikie Sherrill called the decision “dangerous” and said it would undermine public safety.

“Today’s decision is dangerous, wrong, and make no mistake, it will make New Jersey communities less safe,” Sherrill said. “I served nearly 10 years in the Navy and qualified as an expert shot — I’m familiar with firearms. It’s because of that experience that I know weapons of war do not belong on the streets of New Jersey.”

Sherrill also defended the state’s firearms laws, saying they “have saved lives and protected communities,” adding that shootings “have declined for the last three years.”

Attorney General Jennifer Davenport also condemned the ruling, calling it “as unfortunate as it is legally incorrect.”

“Today’s decision from the Third Circuit invalidating New Jersey’s careful laws restricting the AR-15 and large-capacity magazines is as unfortunate as it is legally incorrect,” Davenport said. “Every other federal circuit court to consider the issue has come out the other way.”

Davenport said assault weapons and large-capacity magazines “play a dangerous role in the modern epidemic of mass shootings,” and said New Jersey acted “reasonably and lawfully” in restricting them.

“We are considering our options,” Davenport said. “We remain committed to working with our law enforcement partners to enforce our other firearms laws and treating gun violence like the public health crisis that it is.”