NEW JERSEY’S LAW BANNING SEMIAUTOMATIC RIFLES AND MAGAZINES WITH A CAPACITY OF MORE THAN TEN ROUNDS STRUCK DOWN AS UNCONSTITUTIONAL
July 17, 2026 – The U.S. Court of Appeals for the Third Circuit, sitting en banc, issued a decisiontoday in the case of Association of New Jersey Rifle and Pistol Clubs, Inc. v. Attorney General New Jersey, holding that New Jersey’s law banning possession of semiautomatic rifles like AR-15s as “assault weapons” and magazines with a capacity of more than ten rounds violates the Second Amendment.
This decision is the first time that a that a federal appeals court has struck down a state’s ban on certain semiautomatic rifles classified as “assault weapons” and magazines with a capacity of more than ten rounds on the basis that such bans violate the Second Amendment. Ten of the fifteen judges constituting the en banc panel joined the judgment. The 2024 decision by the U.S. District Court for the District of New Jersey that was the subject of the decision had held that New Jersey’s ban on AR-15 rifles manufactured by Colt was unconstitutional. However, it had affirmed New Jersey’s ban on other semiautomatic rifles and magazines with a capacity of more than ten rounds. In today’s decision, the Third Circuit held that New Jersey’s ban on all semiautomatic rifles it defines as “assault weapons” is unconstitutional, not just the ban on the Colt AR-15.
The decision held that New Jersey’s ban on “assault weapons” was unconstitutional based on the Supreme Court’s 2022 decision in New York State Rifle & Pistol Association v. Bruen, which held, among other things, that gun control laws must be “consistent with this nation’s historical tradition of firearm regulation.” The Third Circuit concluded that AR-15s and similar rifles are commonly possessed. It rejected New Jersey’s attempts to argue that gunpowder storage laws, trap-gun restrictions, and other regulations applicable to knives, pistols, and clubs showed historical support for such a ban. The Third Circuit was equally unequivocal in rejecting New Jersey’s ban on magazines with a capacity of more than ten rounds. The court rejected New Jersey’s arguments and found that magazines are required for many modern firearms to function as designed and are therefore protected “arms” for purposes of the Second Amendment.
The U.S. Supreme Court is already set to consider the constitutionality of similar bans on “assault weapons” in Illinois and Connecticut in the cases of Viramontes v. Cook County and Grant v. Higgins, which it has consolidated and scheduled for argument during the next term. While the Third Circuit’s decision is significant, there were a few additional elements that were not addressed. The court remanded plaintiffs’ challenge to the constitutionality of New Jersey’s ban on certain semiautomatic pistols, semiautomatic shotguns, and other firearms that New Jersey also bans as “assault weapons,” concluding that the record needs further development regarding those firearms.
Renzulli Law Firm, LLP will continue to monitor new and developing firearm related laws and litigation around the country. If you have any questions concerning firearms-related legislation or regulation, please contact Christopher Renzulli.