New Jersey’s ban on so-called “assault” weapons and standard capacity magazines was struck down by the 3rd Circuit Court of Appeals last week. Zach Schonfeld reports for The Hill:
“The text of the Second Amendment covers all magazines, not just magazines that New Jersey considers ‘standard capacity,’” U.S. Circuit Judge Arianna Freeman wrote for the majority.
New Jersey originally enacted the restrictions in 1990. It effectively bans magazines exceeding 10 rounds and weapons deemed an “assault firearm,” a definition that covers AR-15s and similar models.
It’s the latest gun restriction to fall in the wake of the Supreme Court’s expansion of Second Amendment rights. A test laid out by the high court’s 6-3 conservative majority requires states to point to historical analogues to justify their gun control measures.
The NRA released a statement celebrating the ruling, writing:
In a landmark victory for the Second Amendment and the National Rifle Association, the U.S. Court of Appeals for the Third Circuit today held that New Jersey’s bans on commonly owned semiautomatic rifles and magazines capable of holding more than ten rounds violate the Second Amendment.
Sitting en banc, the Third Circuit stuck down New Jersey’s bans on “assault firearms” and “large capacity ammunition magazines,” applying the text-and-history test set forth by the U.S. Supreme Court in the NRA’s landmark victory, NYSRPA v. Bruen.
Beginning with the Second Amendment’s text, the court concluded that both semiautomatic firearms and magazines qualify as “Arms” protected by the Second Amendment: semiautomatic firearms because they are firearms, and magazines because they are necessary to operate many firearms.
Turning to the historical analysis, the court determined that both “assault firearms” and magazines holding more than ten rounds are “in common use,” noting that Americans lawfully possess at least 24 million AR-platform rifles and more than 100 million 30-round magazines. Because these arms are commonly owned and, as the Supreme Court held in District of Columbia v. Heller (2008), there is no historical tradition that supports banning arms in common use, the Third Circuit held that New Jersey’s bans violate the Second Amendment.
In striking down New Jersey’s bans, the Third Circuit—which covers Delaware and Pennsylvania in addition to New Jersey—became the highest-level court in the country to invalidate such laws.
The decision represents a long and hard-fought victory for the NRA, which has litigated the case alongside its state affiliate, the Association of New Jersey Rifle & Pistol Clubs, since 2018.
The case now returns to the district court for further proceedings consistent with the Third Circuit’s ruling, including entry of an order implementing the decision and further litigation over New Jersey’s bans on semi-automatic pistols and shotguns, which the court did not address. New Jersey may also petition the U.S. Supreme Court to review the case.
Read more here.
