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Appeals Court Strikes Down New Jersey AW Ban, as Everyone Waits on Supremes

Gary Walker Jones/Unsplash

The 3rd U.S. Circuit Court of Appeals ruled that New Jersey’s ban on assault weapons is unconstitutional, upholding a lower court’s ruling and broadening it to strike down larger parts of the state’s strict gun regulations.

New Jersey has long had some of the most restrictive gun laws in the country. In 1990, the state passed what was at the time the nation’s toughest ban on assault weapons. In 2018, it passed a law lowering the magazine capacity limit to 10 rounds. Colorado currently has a similar magazine capacity ban.

The 3rd Circuit’s ruling stems from the U.S. Supreme Court’s 2022 ruling in New York State Rifle & Pistol Association v. Bruen, which held that restrictions on guns must be rooted in the nation’s “historical tradition of firearm regulation.” That means state laws restricting guns must have a historical analog from centuries ago. This is the first time a federal appellate court has struck down a state assault weapons ban on Second Amendment grounds.

The Supreme Court is set to review whether states and local governments can enact assault weapons bans at all under the Second Amendment. In June, the justices agreed to take up both an Illinois man’s challenge to Cook County’s ban on semiautomatic rifles and a challenge by gun owners and gun-rights groups to a similar law in Connecticut. The cases will be argued together, likely this fall.


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