Third Circuit Strikes Down New Jersey Gun And Magazine Bans
The Third Circuit Court of Appeals has struck down New Jersey’s laws banning assault weapons and high-capacity magazines, a decision that establishes a split among federal circuit courts and potentially impacts upcoming cases before the U.S. Supreme Court.
The en banc ruling by the full panel of judges determined that the state’s restrictions on specific semi-automatic firearms and ammunition capacities violate the Second Amendment. The decision relies heavily on recent Supreme Court guidance regarding the definition of firearms protected under the Constitution.
The ruling is expected to influence two ongoing legal challenges brought by the Second Amendment Foundation (SAF) that are currently awaiting review by the Supreme Court: Viramontes v. Cook County and Grant v. Higgins.
“Today’s Third Circuit decision striking down New Jersey’s so-called ‘assault weapons’ ban confirms arguments in SAF’s two cases before the Supreme Court – Viramontes v. Cook County and Grant v. Higgins are valid and well-reasoned,” SAF Executive Director Adam Kraut said in a statement. “The Supreme Court’s recent decision Wolford v. Lopez, where the Court further clarified what constitutes an ‘arm’ for Second Amendment purposes, has already laid the groundwork for resolving these cases favorably and was adopted by the Third Circuit. We are optimistic today’s ruling will further bolster a favorable result once we have the opportunity to argue the cases before the Court this fall.”
By striking down the New Jersey statutes, the Third Circuit creates a direct conflict with other federal appeals courts that have previously upheld similar state-level gun restrictions. Such circuit splits frequently prompt the Supreme Court to intervene to establish a uniform national standard.
SAF founder and Executive Vice President Alan M. Gottlieb expressed support for the court’s strict adherence to recent legal precedents.
“We’re thrilled to see the en banc Third Circuit abide by the Second Amendment and the clear analytical framework established by the Supreme Court,” Gottlieb said. “Today, the Court rightfully ruled that New Jersey’s ‘assault weapons’ and magazine capacity bans are unconstitutional. We are certainly optimistic that bans such as these will continue to fall, and that the Supreme Court will also see these bans for what they are – infringements on the right to keep and bear arms.”
The Supreme Court is scheduled to consider the SAF’s related challenges during its upcoming fall term.