Hate ads?! Subscribe for just $5 a month!

pew report black

Hate ads?! Subscribe for just $5 a month!

Federal Court Finds New Jersey ‘Assault Weapon’ Ban Unconstitutional

▶
Listen to Article

The Third Circuit’s decision is more than a win for New Jersey gun owners—it’s a clear signal that the post-Bruen landscape is finally forcing lower courts to treat the Second Amendment like a real constitutional right instead of a policy suggestion. By striking down the state’s 1990-era “assault-weapon” and magazine restrictions, the court rejected the tired “common-use” sleight-of-hand that anti-gun states have leaned on for decades: if a firearm is popular, it must be dangerous enough to ban. That circular logic collapses once Bruen’s history-and-tradition test is applied honestly, and the Third Circuit appears to have done exactly that. The ruling also underscores how flimsy many “assault weapon” statutes truly are; they hinge on cosmetic features and arbitrary magazine cutoffs rather than any longstanding tradition of prohibiting arms in common use for lawful purposes.

For the broader 2A community, this isn’t just about New Jersey. The decision adds momentum to challenges still working their way through California, Illinois, and New York, and it hands future litigants a persuasive appellate precedent they can cite when states try to redefine the scope of protected arms. More importantly, it reminds activists and attorneys that Bruen isn’t a paper tiger—when courts actually follow its methodology, the result is often the restoration of rights that legislatures had assumed were permanently off-limits. Watch for an inevitable request for en banc review or a cert petition; either way, the case is now part of the growing body of post-Bruen law that treats the right to keep and bear arms as the default, not the exception.

Share this story