“Historic” Second Amendment Victory In Federal Appeals Court Ruling

A federal appeals court ruled on Friday that New Jersey’s ban on so-called “assault” firearms and magazines that can hold more than 10 rounds is unconstitutional.

In a 10-5 vote, the 3rd U.S. Circuit Court of Appeals ruled the ban violates the Second Amendment.

“The Third Circuit, sitting en banc, has struck down New Jersey’s ban on semi-automatic rifles and its ban on magazines holding more than 10 rounds, ruling both violate the Second Amendment under Bruen,” SCOTUS Wire stated.

The Third Circuit, sitting en banc, has struck down New Jersey's ban on semi-automatic rifles and its ban on magazines holding more than 10 rounds, ruling both violate the Second Amendment under Bruen. pic.twitter.com/T5iwFJAeGD

— SCOTUS Wire (@scotus_wire) July 17, 2026

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More from the Associated Press:

This is the first time a federal appeals court has struck down a state ban on such weapons, and it comes as the U.S. Supreme Court is set to consider whether bans on semiautomatic rifles violate the Second Amendment. Just last week, a different federal appeals court upheld Illinois’ ban on semiautomatic weapons.

Friday’s appeals court ruling in the New Jersey case goes further than a July 2024 ruling from a federal judge, who said that the state’s ban on AR-15s specifically was unconstitutional but upheld the provision barring larger magazines. The 3rd U.S. Circuit Court of Appeals said Friday in its opinion that the state’s entire ban on weapons it deems to be “assault firearms” and restriction on “large capacity ammunition magazines” were unconstitutional.

New Jersey Attorney General Jennifer Davenport, a Democrat whose office defended the law, said in a statement that the decision is “as unfortunate as it is legally incorrect.”

“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 New Jersey acted reasonably and lawfully in restricting them. We are considering our options.”

John Commerford, executive director of the National Rifle Association Institute for Legislative Action, called the ruling a “historic victory for the NRA, the Second Amendment, and law-abiding Americans.”

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Other gun rights advocates celebrated the ruling.

“The Third Circuit just held New Jersey’s ban on the full class of semi-automatic rifles and its standard-capacity magazine ban unconstitutional under Bruen. The court expanded the district court’s ruling from Colt AR-15s to all semi-automatic rifles,” the Gun Owners Foundation stated.

HUGE 2A NEWS

The Third Circuit just held New Jersey’s ban on the full class of semi-automatic rifles and its standard-capacity magazine ban unconstitutional under Bruen.

The court expanded the district court’s ruling from Colt AR-15s to all semi-automatic rifles.

— Gun Owners Foundation (@GunFoundation) July 17, 2026

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“Third Circuit strikes down New Jersey’s ‘assault weapon’ and magazine bans in an en banc decision whose 192 pages include numerous concurrences and dissents,” the Firearms Policy Coalition said.

FPC WIN: Third Circuit strikes down New Jersey's "assault weapon" and magazine bans in an en banc decision whose 192 pages include numerous concurrences and dissents: https://t.co/XrjnZkKX5L pic.twitter.com/gxyxESuvg7

— Firearms Policy Coalition (@gunpolicy) July 17, 2026

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“Today’s decision is dangerous, wrong, and make no mistake, it will 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. It’s because of that experience that I know weapons of war do not belong on the streets of New Jersey. And like so many parents, I’ve seen the impact and trauma gun violence and mass shootings have created for our kids,” New Jersey Gov. Mikie Sherrill said in a statement.

“This decision is not only legally wrong, it’s completely out of step with parents and the people of the Garden State. Our commonsense gun safety laws have saved lives and protected communities – and shootings have declined for the last three years. We will not back down from extreme, right-wing attempts to weaken the laws of New Jersey,” she continued.

The New Jersey Governor responds: "We will not back down from extreme, right-wing attempts to weaken the laws of New Jersey.”" pic.twitter.com/aaNFkycGKe

— Firearms Policy Coalition (@gunpolicy) July 17, 2026

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POLITICO shared further:

The court’s decision stems from the U.S. Supreme Court’s 2022 ruling in New York State Rifle & Pistol Association v. Bruen, which held that restrictions on guns must be rooted in the nation’s “historical tradition of firearm regulation.” That means state laws restricting guns must have a historical analogue from centuries ago.

“Our Court today returns the Second Amendment to its appropriate place in our constitutional design,” Circuit Judge Paul Matey, a Trump nominee, wrote in one of several concurring opinions. “That is a welcome step that should end the anxiety imposed over millions of New Jerseyans who have been unable to enjoy their natural liberties without wondering what new turn of phrase will descend from Trenton to take away their freedom.”

New Jersey Attorney General Jennifer Davenport said her office was “considering [their] options” on how to proceed in the case, which was brought by a coalition of New Jersey gun owners and pistol clubs.

“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,” said Davenport, a nominee of Democratic Gov. Mikie Sherrill, in a statement. “Every other federal circuit court to consider the issue has come out the other way.”

Many of the New Jersey regulations in question far predate Davenport’s tenure and were defended in court by Davenport’s predecessor, former Attorney General Matt Platkin. But Sherrill, who took office earlier this year, campaigned on maintaining and strengthening the state’s gun laws.

New Jersey has a long history of having some of the most restrictive gun laws in the country. In 1990, Gov. Jim Florio, a Democrat, signed into law what was at the time the nation’s toughest ban on assault weapons. Former Gov. Phil Murphy, a Democrat, approved the law lowering the magazine capacity limit to 10 rounds of ammunition in 2018.

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Read the full ruling HERE.

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