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3w ago

Third Circuit Rules New Jersey’s Assault‑Weapon and 10‑Round‑Plus Magazine Bans Unconstitutional

An en banc majority concluded AR‑15‑style rifles and magazines holding more than 10 rounds are commonly used and thus protected under the Supreme Court’s Bruen test, making higher‑court review likely.

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Overview

  • The en banc U.S. Court of Appeals for the Third Circuit issued the decision on July 17, 2026, holding that New Jersey’s bans on many semiautomatic “assault” rifles and magazines over 10 rounds violate the Second Amendment.
  • The majority opinion, written by Judge Arianna Freeman, relied on the Supreme Court’s Bruen framework and a lower court finding that roughly 24 million AR‑15‑style rifles are in circulation to conclude these arms are in common lawful use.
  • The court expanded the lower‑court relief to cover a broad class of semiautomatic rifles and reversed the trial court’s rejection of the state’s large‑capacity magazine ban, declaring the magazine restriction unconstitutional.
  • Dissenting judges, led by Judge Patty Shwartz, argued the majority applied a contemporary lens instead of the required historical analysis and at least one concurring judge questioned deciding the case while near‑identical appeals are pending before the U.S. Supreme Court.
  • The ruling deepens a split among federal appeals courts, creates enforcement uncertainty in New Jersey, and makes further appeals to the Supreme Court likely as justices prepare to decide related AR‑15 cases this term.