Gun Rights Victory: New Jersey Assault Rifle and Magazine Ban Declared Unconstitutional

AP Photo/Rick Bowmer

All of us on the pro-Second Amendment side of things have sure been racking up the wins, most notably since the Supreme Court's Bruen decision. The latest such win comes to us from the 3rd Circuit Court of Appeals, which has struck down a New Jersey "assault weapon" and "high-capacity magazine" ban as unconstitutional under the Second Amendment.

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It's a great win for liberty.

A federal appeals court on Friday ruled that New Jersey's assault-weapons law barring possession of semiautomatic rifles like AR-15s and large ‌capacity magazines containing more than 10 rounds of ammunition is unconstitutional.

The ruling by the Philadelphia-based 3rd U.S. Circuit Court of Appeals marked the first time a federal appeals court had ruled that a state's assault weapons ban violated the U.S. Constitution's Second Amendment, which ⁠guarantees the right to keep and bear arms for self-defense.

Not just for self-defense, but we'll overlook that for now.

The National Rifle Association (NRA) was quick to weigh in

In an email sent out Friday, the NRA's Executive Director of the National Rifle Association Institute for Legislative Action, John Commerford, writes:

Today marks a historic victory for the NRA, the Second Amendment, and law-abiding Americans. The Third Circuit has struck down these unconstitutional so-called assault weapons bans and magazine bans in New Jersey, affirming what we’ve always known: the right to keep and bear arms, including commonly-owned rifles and standard-capacity magazines, is fundamental and cannot be infringed by politicians who prioritize control over constitutional freedoms. This ruling protects the rights of millions of responsible gun owners in the Garden State and serves as another benchmark in our efforts to dismantle gun control across the country.

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He's not wrong. In deep, deep blue New Jersey, this is a major win.


Read More: Big: Assault Weapon Bans Now Headed to SCOTUS

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You can view the official decision here. That decision says in part:

When it addressed the Assault Firearm Provisions, the District Court focused its analysis on one brand and model of prohibited firearm: the Colt AR-15.  It determined that New Jersey’s ban on Colt AR-15s violates the Second Amendment.  When it turned to the LCM Provisions, it held that the law does not violate the Second Amendment or the Takings Clause.  

Applying the framework announced in New York State Rifle & Pistol Association v. Bruen, 597 U.S. 1 (2022), we agree with the District Court that New Jersey’s ban on Colt AR-15s violates the Second Amendment.  However, because the record supports the same result for all semi-automatic rifles—not only Colt AR-15s—we will MODIFY the District Court’s order so that it deems the Assault Firearm Provisions unconstitutional with respect to the full class of semi-automatic rifles.  We will AFFIRM that part of the order as modified. 

The LCM Provisions also violate the Second Amendment, so we will REVERSE the District Court’s order with respect to those.  Because the LCM Provisions violate the Second Amendment, we need not address the Takings Clause challenge. 

The case has now been remanded back to the District Court. This overturns one of the nation's oldest "assault weapons" laws, originally passed in 1990. As of this writing, it's not known whether the state of New Jersey will appeal the 3rd Circuit's ruling. 

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Here's the thing: These laws are not only unconstitutional, but they are also flawed in having been written by people who are not only willing to blame the tool for the hand that wields it, but they reveal gross ignorance of the workings of firearms. An AR-15, with its "scary" black stock, pistol grip, and flash hider, functions identically to a Winchester 100, with its non-scary wood stock and polished blued steel. The primary difference is that the Winchester 100 fires a cartridge that is considerably more powerful than the 5.56mm round typically used in the AR-15 platform of rifles.

So, this is another win for the Second Amendment. That may be worth knocking back a second cold one to start the weekend off with — forgive me — a bang.

Editor’s Note: The radical Left will stop at nothing to enact their radical gun control agenda and strip us of our Second Amendment rights.

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