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THIRD CIRCUIT STRIKES DOWN NEW JERSEY ‘ASSAULT WEAPONS’ BAN, BOLSTERING SAF’S CASES BEFORE THE SUPREME COURT

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The Third Circuit’s decision to strike down New Jersey’s so-called assault-weapons and magazine bans is more than a single-state victory; it is a direct shot across the bow of the post-Bruen “sensitive places” and “common-use” arguments that anti-gun states have been leaning on to keep semi-automatic rifles and standard-capacity magazines out of law-abiding hands. By applying the historical-tradition test with the rigor the Supreme Court demanded in Bruen, the Third Circuit has handed SAF two live grenades for its pending cases at One First Street: concrete evidence that the features-based bans cannot survive constitutional scrutiny when courts actually look at founding-era analogues instead of modern policy preferences. That matters because the Court’s current docket already includes challenges from Illinois and California; a Third Circuit win gives the justices an additional, well-reasoned circuit split to resolve once and for all.

For the broader 2A community the ruling is both validation and a warning shot. Validation, because it proves that persistent litigation—SAF’s specialty—can still move the law even in deep-blue circuits when the facts and the Bruen framework align. Warning, because New Jersey will almost certainly seek en banc review or race straight to the Supreme Court, and the same progressive states watching this space will double down on “ghost gun,” “large-capacity magazine,” and “sensitive place” restrictions to achieve through the back door what they can no longer do with an outright ban. The practical takeaway is simple: every new restriction must be met with immediate, well-funded litigation, because the window to lock in Bruen’s protections is open but not guaranteed to stay that way if the Court’s composition shifts or if lower courts continue to water down the history-and-tradition test.

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