Court of Appeals Strikes Down New Jersey Semi-Auto Rifle Ban

In a landmark Second Amendment victory, on 7/17/2026 the U.S. Court of Appeals for the Third Circuit has held that New Jersey’s bans on semi-automatic rifles and magazines capable of holding more than ten rounds violate the Second Amendment. The court declared the state’s so-called “assault-firearm” ban unconstitutional as it applied to the full class of semi-automatic rifles, not just the AR-15, and also struck down New Jersey’s restrictions on magazines capable of holding more than 10 rounds. READ Decision.

This decision covering three related cases — Association of N.J. Rifle and Pistol Clubs vs. Atty. General New Jersey et al, Cheeseman vs. A.G. New Jersey, and Ellman v. A.G. New Jersey — comes just weeks after the U.S. Supreme Court granted review in the notable Viramontes v. Cook County case, which challenges similar semi-auto rifle bans in Illinois. With the Viramontes case, the Supreme Court could potentially strike down these unconstitutional bans nationwide.

Sitting en banc, the Third Circuit struck down New Jersey’s bans on “assault firearms” and “large capacity ammunition magazines,” applying the text-and-history test set forth by the U.S. Supreme Court in the NRA’s landmark victory, NYSRPA v. Bruen.

The U.S. Court of Appeals for the Third Circuit held that New Jersey’s “assault firearm” ban on semi-automatic rifles violates the Second Amendment. The decision comes just weeks after the Supreme Court granted review in FPC’s Viramontes v. Cook County case, which challenges a similar ban in Illinois and has the potential to strike down these unconstitutional bans nationwide.

Beginning with the Second Amendment’s text, the court concluded that both semiautomatic firearms and magazines qualify as “Arms” protected by the Second Amendment: semiautomatic firearms because they are firearms, and magazines because they are necessary to operate many firearms.

The Third Circuit court determined that both “assault firearms” and magazines holding 10+ rounds are “in common use,” noting that Americans lawfully possess at least 24 million AR-platform rifles and more than 100 million 30-round magazines. Because these arms are commonly owned and, as the Supreme Court held in District of Columbia v. Heller (2008), there is no historical tradition that supports banning arms in common use, the Third Circuit held that New Jersey’s bans violate the Second Amendment.

In striking down New Jersey’s bans, the Third Circuit — which covers Delaware and Pennsylvania in addition to New Jersey — became the highest-level court in the country to invalidate such laws. The decision represents a long and hard-fought victory for the NRA and Firearms Policy Coalition, which have litigated New Jersey cases, alongside the state Association of New Jersey Rifle & Pistol Clubs, since 2018.

NSSF’s General Counsel Lawrence Keane praised the Third Circuit’s opinion: “Today’s ruling by the Third Circuit vindicates what NSSF has argued for decades. The [Semi-auto Modern Sporting Rifle] is a commonly used firearm that is protected for legal sale and lawful ownership under the Second Amendment. Additionally, standard-capacity magazines are ‘arms’ that are also protected by the Second Amendment.

The case now returns to the district court for further proceedings consistent with the Third Circuit’s ruling, including entry of an order implementing the decision and further litigation over New Jersey’s bans on semi-automatic pistols and shotguns, which the court did not address. New Jersey may also petition the U.S. Supreme Court to review the case.