A federal appeals court declared New Jersey’s bans on assault firearms and high-capacity magazines unconstitutional on Friday.
This marks the first instance of a state ban on such weapons being overturned by a federal appeals court, and comes as the U.S. Supreme Court prepares to address whether prohibitions on semiautomatic rifles infringe on the Second Amendment.
Recently, another federal appeals court sustained Illinois’ prohibition on semiautomatic weapons.
In New Jersey’s case, the 3rd U.S. Circuit Court of Appeals determined that restrictions on all semiautomatic rifles labeled as “assault firearms” and the limitations on magazine capacity were unconstitutional.
Attorney General Jennifer Davenport expressed disappointment, labeling the decision as “unfortunate” and legally flawed.
“Every other federal circuit court to consider the issue has come out the other way,” Davenport remarked. “Assault weapons and large capacity magazines play a dangerous role in the modern epidemic of mass shootings, and New Jersey acted reasonably and lawfully in restricting them. We are considering our options.”
John Commerford from the NRA hailed the judgment as a historic triumph for the Second Amendment and law-abiding citizens.
The Giffords Law Center to Prevent Gun Violence states that New Jersey, along with ten other states and the District of Columbia, enforces laws prohibiting the manufacture, sale, or transfer of assault weapons.
Furthermore, New Jersey and 11 other states limit magazine capacity to ten rounds.
Adam Winkler from UCLA noted the ruling was unexpected, given past validations of assault weapon bans by federal appeals courts; he suggested the ruling might indicate the Supreme Court’s likely stance on such bans.
“What this Third Circuit opinion shows is that there are very few gun laws that are safe from being struck down right now,” Winkler commented.