A significant Second Amendment victory came out of the Third Circuit on July 17, 2026. In a 10-5 en banc decision, the court ruled that New Jersey’s bans on so-called “assault firearms” — including popular semiautomatic rifles like the AR-15 — and magazines holding more than 10 rounds are unconstitutional. This is the first time a federal appeals court has fully invalidated a state-level assault weapons ban.
New Jersey’s 1990 law had long restricted a wide range of semiautomatic rifles and standard-capacity magazines. Gun owners and groups like the Association of New Jersey Rifle and Pistol Clubs challenged it after the Supreme Court’s Bruen decision, which requires modern gun laws to align with America’s historical tradition of firearm regulation.
Building on Earlier Wins
A lower court in 2024 had already struck the AR-15 ban for home self-defense but upheld the magazine restriction. The full Third Circuit went further, extending protection to the broader class of covered semiautomatic rifles, tossing the large-capacity magazine ban, and remanding other applications (like semiautomatic pistols and shotguns) for additional review.
The majority opinion emphasized that broad prohibitions on weapons “in common use for lawful purposes” lack support in the nation’s regulatory history. AR-15-style rifles rank among America’s most popular firearms, owned by millions for self-defense, sport shooting, hunting, and home protection.
This ruling arrives as the Supreme Court prepares to hear related challenges to semiautomatic rifle bans from other states. It also follows recent high court wins, including the decision striking down Hawaii’s restrictive carry rules on private property open to the public.
State Response and Next Steps
New Jersey Attorney General Jennifer Davenport called the decision “unfortunate” and “legally incorrect,” noting that other circuits have upheld similar laws. The state is considering its options, which could include seeking rehearing or petitioning the Supreme Court.
For now, the ruling doesn’t immediately lift the bans — New Jersey is expected to request a stay while appeals continue. Gun owners in the state should monitor official updates and consult legal resources before making any changes.
The decision creates a clear circuit split with courts like the Seventh Circuit, which recently upheld Illinois’ ban. That tension points toward further Supreme Court review and could influence similar restrictions in other states.
Why This Decision Resonates
At bottom, this case tests whether governments can ban commonly owned firearms based on appearance or features rather than historical precedent. Responsible owners have long used these platforms reliably, and courts are increasingly rejecting one-size-fits-all restrictions that ignore that reality.