3rd Circuit Kills NJ Rifle Ban

The Third Circuit just ruled New Jersey's ban on semiautomatic rifles and magazines over 10 rounds violates the Second Amendment — and it did so across the board, not just for the AR-15.

State of play: In a sweeping en banc decision Friday, the Philadelphia-based 3rd U.S. Circuit Court of Appeals held that New Jersey's 1990 "assault-firearms" law and its large-capacity magazine restrictions cannot survive constitutional scrutiny under the Bruen historical tradition framework.

Catch up quick:

• New Jersey passed its assault-firearms ban in 1990 following a California school shooting
• The NRA has litigated this specific case since 2018
• The lower court had already struck parts of the law; the appeals court went further, voiding the ban as applied to the entire class of semiautomatic rifles

The ruling went further than expected. Writing for the majority, U.S. Circuit Judge Arianna Freeman — a Biden appointee — didn't just rule on the AR-15. She applied the Heller-to-Bruen framework and concluded New Jersey failed to demonstrate its restrictions are consistent with America's historical tradition of firearm regulation. The court held that semiautomatic rifles and standard-capacity magazines are constitutionally protected arms, full stop.

"The right to keep and bear arms, including commonly-owned rifles and standard-capacity magazines, is fundamental and cannot be infringed by politicians who prioritize control over constitutional freedoms." — NRA statement, July 2025

The intrigue: A Biden-appointed judge writing the majority opinion striking down a gun ban is the kind of thing that doesn't fit neatly into the usual political framing. The Bruen test is doing real work here — courts are being forced to apply it regardless of who's sitting on the bench.

Yes, but: Several judges dissented, arguing the banned firearms are unusually dangerous military-style weapons that states have historically had authority to regulate. The dissenters also noted this ruling conflicts with every other federal circuit court that has upheld similar restrictions — which sets up a circuit split that could eventually push this to the Supreme Court.

What to watch: New Jersey will almost certainly appeal. If this reaches the Supreme Court, it becomes a direct test of whether Bruen applies to semiautomatic rifles specifically — a question SCOTUS has so far declined to answer head-on. How the Court handles that petition will tell gun owners a lot about where the post-Bruen doctrine is actually heading.