Third Circuit Strikes Down New Jersey's Assault Weapon and Magazine Ban

On July 17, the Third Circuit Court of Appeals, in a 10-5 en banc decision in Association of New Jersey Rifle and Pistol Clubs v. Attorney General New Jersey, ruled 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 to invalidate such bans. The court 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 possession. The burden shifted to the state to prove the weapons are 'dangerous and unusual,' which New Jersey failed to do. The ruling contrasts with other circuits that have upheld similar bans. The decision may influence the Supreme Court's pending review of similar cases.