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

pew report black

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

Third Circuit: New Jersey ‘Assault Weapons’ Ban Unconstitutional

Listen to Article

The Third Circuit’s decision to strike down New Jersey’s so-called “assault weapons” and “high-capacity” magazine bans is more than a win on paper—it’s a direct rebuke of the state’s decades-long effort to criminalize the most popular firearms in America. By applying the Bruen framework with teeth, the court rejected the tired “common use” sleight-of-hand that anti-gun states have leaned on for years, recognizing that the AR-15 platform and standard-capacity magazines are in fact in common use for lawful purposes. That recognition matters because it undercuts the entire premise of feature-based bans: if millions of law-abiding citizens already own these rifles and magazines, the government cannot simply declare them “unusual” or “dangerous” to justify a prohibition.

For the 2A community, the ruling signals that post-Bruen litigation is finally producing results beyond the Fifth Circuit. New Jersey’s loss also exposes the practical absurdity of these laws—millions of compliant owners in free states continue to train, compete, and defend their homes with the very configurations New Jersey tried to outlaw, proving the bans were never about public safety but about political theater. The decision will almost certainly accelerate challenges in neighboring states still clinging to similar restrictions, and it hands the Supreme Court another clean vehicle should New Jersey seek review.

Longer term, the opinion reinforces that the right to keep and bear arms is not a second-class freedom subject to regional political whims. As more circuits follow the Third’s lead, the patchwork of bans that has long divided the country will face mounting constitutional pressure, moving the nation closer to a uniform recognition that the Second Amendment protects the arms Americans actually choose for self-defense, sport, and militia service.

Share this story