From Newsgroup: alt.law-enforcement

from https://abc7.com/post/federal-appeals-court-rules-new-jerseys-assault-weapons-ban-is-unconstitutional/19532978/

Federal appeals court rules that New Jersey's assault weapons ban is unconstitutional
ByJOSH KELETY AP logo
Saturday, July 18, 2026 8:37AM

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A federal appeals court ruled Friday that New Jersey's bans on assault firearms and magazines that can hold more than 10 rounds are
unconstitutional.

This is the first time a federal appeals court has struck down a state
ban on such weapons, and it comes as the U.S. Supreme Court is set to
consider whether bans on semiautomatic rifles violate the Second
Amendment. Just last week, a different federal appeals court upheld
Illinois' ban on semiautomatic weapons.

Friday's appeals court ruling in the New Jersey case goes further than a
July 2024 ruling from a federal judge, who said that the state's ban on
AR-15s specifically was unconstitutional but upheld the provision
barring larger magazines. The 3rd U.S. Circuit Court of Appeals said
Friday in its opinion that the state's ban on all semiautomatic rifles
it deems to be "assault firearms" and restriction on "large capacity ammunition magazines" were unconstitutional.

New Jersey Attorney General Jennifer Davenport, a Democrat whose office defended the law, said in a statement that the decision is "as
unfortunate as it is legally incorrect."

"Every other federal circuit court to consider the issue has come out
the other way," Davenport said. "Assault weapons and large capacity
magazines play a dangerous role in the modern epidemic of mass
shootings, and New Jersey acted reasonably and lawfully in restricting
them. We are considering our options."

John Commerford, executive director of the National Rifle Association Institute for Legislative Action, called the ruling a "historic victory
for the NRA, the Second Amendment, and law-abiding Americans."

In addition to New Jersey, 10 states, as well as the District of
Columbia, have laws that generally ban the manufacture, sale, and
transfer of assault weapons, according to the Giffords Law Center to
Prevent Gun Violence. The District of Columbia, New Jersey and 11 other
states cap magazine capacity at 10 rounds generally or for certain types
of firearms.

Adam Winkler, a law professor at the University of California, Los
Angeles, said that Friday's ruling was surprising because federal courts
of appeals have upheld assault weapons bans in the past. On the other
hand, he added, the decision "may be foretelling the Supreme Court's
coming opinion on assault weapons bans."

"What this Third Circuit opinion shows is that there are very few gun
laws that are safe from being struck down right now," Winkler said. ___

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