A federal appeals court invalidated New Jersey’s ban on “assault” firearms and high-capacity magazines in a 10-5 vote on Friday, ruling that it violates the Second Amendment.
The decision by the 3rd U.S. Circuit Court of Appeals hands gun rights advocates one of their biggest legal victories yet on the issue as the Supreme Court gears up to provide a nationwide resolution next term in a separate case.
“The text of the Second Amendment covers all magazines, not just magazines that New Jersey considers ‘standard capacity,’” U.S. Circuit Judge Arianna Freeman wrote for the majority.
New Jersey originally enacted the restrictions in 1990. It effectively bans magazines exceeding 10 rounds and weapons deemed an “assault firearm,” a definition that covers AR-15s and similar models.
It’s the latest gun restriction to fall in the wake of the Supreme Court’s expansion of Second Amendment rights. A test laid out by the high court’s 6-3 conservative majority requires states to point to historical analogues to justify their gun control measures.
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