The fate of gun control laws in the US has been thrown into further turmoil after a federal appeals court ruled that New Jersey's ban on 'assault firearms' and high-capacity magazines is unconstitutional. The decision by the Third US Circuit Court of Appeals, delivered on Friday, sets a precedent for other states to challenge similar restrictions.
The ruling builds upon an earlier July 2024 verdict by a federal judge, which struck down the state's ban on AR-15 style rifles but upheld the restriction on larger magazines. The appeals court's more recent decision extends this logic to cover all semi-automatic rifles classified as 'assault firearms' by New Jersey, alongside the prohibition on magazines capable of holding 10 or more rounds.
New Jersey Attorney General Jennifer Davenport expressed her disagreement with the ruling, describing it as "unfortunate and legally incorrect". She noted that other federal circuit courts have previously upheld similar bans, highlighting the state's view that 'assault weapons' and large capacity magazines play a significant role in mass shootings. Davenport confirmed that the state is considering its options, which may include an appeal to the US Supreme Court.
This development comes as the US Supreme Court prepares to consider whether state bans on semi-automatic rifles contravene the Second Amendment to the US Constitution. A separate federal appeals court recently upheld Illinois's ban on semi-automatic weapons, underscoring the divergent legal interpretations across the country. Legal experts suggest that this ruling could signal a shift in the legal landscape surrounding gun control.
Currently, 10 US states – including California, New York and Delaware – along with Washington D.C., have laws prohibiting the manufacture, sale and transfer of 'assault weapons'. A further 11 states impose caps on magazine capacity, typically at 10 rounds. The implications of this ruling for gun control legislation across the US are likely to be significant, particularly in light of the upcoming Supreme Court review.