On July 17, 2026, the Third Circuit Court of Appeals ruled that New Jersey's ban on semiautomatic rifles and magazines holding more than ten rounds violates the Second Amendment. The case, Ass'n of New Jersey Rifle and Pistol Clubs, Inc. v. Attorney General New Jersey (AJNRPC), resulted in a 10-5 en banc decision authored by Judge Arianna J.

This marks the first time a federal circuit court has invalidated an "assault firearm" and magazine ban. While some judges preferred to wait for the Supreme Court's ruling on related cases, no delay was sought, and the Third Circuit proceeded with its decision. The ruling aligns with Justice Kavanaugh's earlier statement suggesting that further appellate decisions would aid the Supreme Court's ultimate judgment on the AR-15 issue, noting that other circuits had upheld similar bans.

The court emphasized that "in common use" means common use for lawful purposes at the time of the modern restriction, which includes not only self-defense but also hunting and lawful possession. The opinion clarified that the term "Arms" in the Second Amendment encompasses any weapon customarily used for offensive or defensive purposes. The ruling applies a historical tradition analysis to assess how modern regulations burden Second Amendment rights.

The majority found New Jersey's flat ban on these firearms and magazines unconstitutional, shifting the burden to the state to justify the law historically. However, Judge Cheryl Ann Krause dissented, arguing that the majority disregarded "the democratic will of the People of New Jersey" and criticized the majority's reliance on the notion that these weapons are "in common use" due to widespread manufacturing and ownership.

The decision has significant implications for firearm regulations and the interpretation of the Second Amendment.

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