New Jersey assault weapons ban remains in effect while state seeks Supreme Court review

The 3rd Circuit stayed its ruling striking down the state’s assault weapons and large-capacity magazine restrictions.

New Jersey’s assault weapons ban and limits on large-capacity ammunition magazines will remain in effect while the state asks the U.S. Supreme Court to review a federal appeals court ruling that found the restrictions unconstitutional.

The 3rd U.S. Circuit Court of Appeals on Tuesday stayed its July 17 decision striking down the state’s restrictions on AR-15-style firearms and magazines capable of holding more than 10 rounds. The stay prevents the ruling from taking effect while New Jersey pursues an appeal.

Attorney General Jennifer Davenport welcomed the decision, saying it would preserve the state’s restrictions while the litigation continues.

“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,” Davenport 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.”

The stay temporarily prevents the ruling from taking effect while the Supreme Court considers whether to take the case.

The 3rd Circuit ruled 10-5 last month that New Jersey could not prohibit semiautomatic rifles and large-capacity magazines that are commonly owned for lawful purposes.

The ruling marked the first time a federal appeals court invalidated a state assault weapons ban on Second Amendment grounds.

The appeals court expanded a 2024 decision by a federal district court judge who struck down New Jersey’s prohibition on Colt AR-15 rifles, but did not invalidate the state’s broader assault weapons law. The lower court had also upheld New Jersey’s limit of 10 rounds per magazine.

The 3rd Circuit ruled that the constitutional protection extended to the broader category of semiautomatic rifles covered by the state law. It also overturned the lower court’s decision on large-capacity magazines and returned the case to the district court for additional proceedings involving other firearms restricted by New Jersey.

New Jersey has prohibited certain assault firearms since 1990. State lawmakers reduced the maximum legal magazine capacity from 15 rounds to 10 in 2018.

The central issue in the litigation is how courts should apply the U.S. Supreme Court’s 2022 ruling in New York State Rifle & Pistol Association v. Bruen. In that case, the court held that modern gun restrictions must be consistent with the nation’s historical tradition of firearm regulation.

The 3rd Circuit majority concluded that AR-15-style rifles and large-capacity magazines are widely owned for lawful purposes and are therefore protected by the Second Amendment. The dissenting judges argued that the restrictions were consistent with historical laws regulating weapons considered unusually dangerous.

After the July ruling, Gov. Mikie Sherrill called the decision “dangerous” and warned that it would make New Jersey communities less safe.

“I served nearly 10 years in the Navy and qualified as an expert shot — I’m familiar with firearms,” Sherrill said at the time. “It’s because of that experience that I know weapons of war do not belong on the streets of New Jersey.”

Davenport previously called the ruling “legally incorrect” and noted that other federal appeals courts considering similar restrictions had upheld them.

The Supreme Court has agreed to hear challenges to assault weapons restrictions in Illinois and Connecticut. Those cases, along with New Jersey’s appeal, could give the justices an opportunity to decide whether states may prohibit AR-15-style rifles and large-capacity magazines.