Third Circuit Strikes Down New Jersey's Assault Rifle and Magazine Bans

On July 17, the Third Circuit Court of Appeals ruled 10-5 en banc in Association of New Jersey Rifle and Pistol Clubs v. Attorney General New Jersey that New Jersey's ban on semiautomatic rifles and magazines holding over ten rounds violates the Second Amendment. This is the first federal circuit court decision to invalidate such bans. The opinion, authored by Judge Arianna J. Freeman, applied the common-use test from Heller and Bruen, finding that millions of semiautomatic rifles are in common use for lawful purposes including self-defense, hunting, and mere possession. The court rejected arguments that such weapons are 'dangerous and unusual,' placing the burden on the state to prove a historical tradition of banning them. The ruling contrasts with other circuits that have upheld similar bans. Some judges would have waited for a Supreme Court decision in Viramontes/Grant, but the majority proceeded, citing Justice Kavanaugh's statement that further appellate decisions would assist the Court.