Third Circuit Rules NJ Assault Weapons Ban Unconstitutional
The Third Circuit ruled New Jersey’s assault weapons ban unconstitutional on July 17, 2026.
Why it matters: This ruling reshapes how courts will enforce gun laws in New Jersey and similar states. It signals a stricter interpretation of the Second Amendment based on historical tradition, influencing future challenges to firearm regulations.
- The Third Circuit en banc court ruled 10-5 to invalidate New Jersey’s assault weapons and large-capacity magazine bans.
- The bans have been in place since 1990, prohibiting certain semi-automatic firearms and magazines holding more than 10 rounds.
- The majority opinion applied the 2022 Supreme Court Bruen ruling by requiring firearm regulations to be consistent with the nation's historical laws on gun control.
- The decision conflicts with a recent appellate ruling that upheld a similar ban in Illinois, showing a split in federal appellate courts.
On July 17, 2026, the U.S. Court of Appeals for the Third Circuit issued a 10-5 en banc decision invalidating New Jersey's assault weapons ban and limits on large-capacity magazines. These laws, enacted in 1990, prohibited specific semi-automatic firearms and magazines with capacities over 10 rounds.
The majority opinion cited the Supreme Court’s 2022 Bruen decision, which requires that modern gun regulations align with long-standing historical firearm laws. The Third Circuit emphasized that New Jersey's bans do not have sufficient historical precedent and thus violate the Second Amendment.
This ruling marks the first time a federal appeals court has struck down a state assault weapons prohibition post-Bruen. It contrasts with a recent ruling from the Seventh Circuit that upheld Illinois’ similar restrictions, illustrating regional differences in how courts interpret constitutional gun rights.
John Commerford, a leader with the National Rifle Association, praised the ruling, saying, "This protects the rights of responsible gun owners in New Jersey and advances the defense of constitutional gun rights nationwide." In contrast, New Jersey Attorney General Jennifer Davenport reaffirmed the state’s commitment to public safety, stating her office will continue enforcing other gun laws and addressing gun violence as a health issue.
The Third Circuit’s decision is expected to prompt further litigation over state assault weapons bans. Legal professionals should monitor how this evolving interpretation of the Second Amendment affects regulation efforts, particularly in states with restrictive firearm policies. The case may also return to the Supreme Court for final review, given its significant constitutional implications.
By the numbers:
- 10-5 — Third Circuit en banc vote striking down New Jersey’s ban
- 1990 — Year New Jersey enacted the assault weapons and large-capacity magazine bans
- 2022 — Year of Supreme Court’s Bruen ruling reshaping Second Amendment analysis
Yes, but: While the Third Circuit struck down New Jersey’s ban, other circuits like the Seventh recently upheld similar laws, indicating inconsistent application of Bruen across regions.
What's next: Expect renewed legal challenges in other states with assault weapons bans and potential Supreme Court review of this ruling in the near future.