New Jersey's assault weapons ban, one of the oldest in the country, just got tossed into the constitutional dumpster by the 3rd Circuit Court of Appeals. As USA Journal reported, the Philadelphia-based appeals court ruled Friday that both the state's ban on semiautomatic rifles (including the AR-15) and its prohibition on magazines holding more than 10 rounds are unconstitutional. Thirty-six years. That is how long New Jersey ran this particular bit of legislative theater before a federal court finally pulled the curtain back.
This is reportedly the first time a federal appeals court has struck down a state assault weapons ban on Second Amendment grounds. Not a minor legal footnote. This is the kind of ruling that sends shockwaves through every state capitol where legislators have built careers on banning guns that look intimidating.
The ruling traces directly back to the Supreme Court's 2022 Bruen decision, which basically told the government: you cannot just say a gun law makes people safer and call it a day. You have to prove the regulation is consistent with the historical tradition of firearm regulation in America. New Jersey tried. New Jersey failed. Turns out there is no historical tradition of banning rifles because they come in black instead of walnut.
And that is really the core absurdity here. The entire concept of an "assault weapon" as defined by these laws is based on cosmetic features. A pistol grip, a flash hider, a collapsible stock. None of these things change how the firearm operates. An AR-15 chambered in 5.56mm is actually less powerful than many common hunting rifles that nobody has ever proposed banning. The difference is that one looks like it belongs in a movie and the other looks like it belongs over grandpa's fireplace. Legislators essentially banned vibes.
NRA Executive Director John Commerford called the ruling an affirmation that commonly owned rifles and standard capacity magazines are fundamental rights that cannot be infringed by politicians who prioritize control over constitutional freedom. Love the NRA or not, the man has a point. The AR-15 is the most popular rifle platform in America, owned by millions of people for hunting, sport shooting, and home defense. The Supreme Court's Heller decision already established that weapons in common use are protected. The AR-15 is about as common as a Honda Civic.
New Jersey will almost certainly appeal. The Supreme Court may eventually take this case up alongside similar challenges percolating through other circuits. But the legal direction has been pretty clear since Bruen came down, and courts that have tried to pretend otherwise keep getting corrected.
For three and a half decades, New Jersey told its residents that banning rifles based on their furniture was serious public policy. On Friday, the 3rd Circuit politely disagreed. Sometimes the Constitution just takes a while to show up to the party.
Read more conservative news commentary at: USA Journal News
