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 consider whether bans on semiautomatic rifles violate the Second Amendment. Just last week, a different federal appeals court .
Friday’s appeals court ruling in the New Jersey case goes further than a , 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 entire ban on weapons it deems to be 鈥渁ssault firearms鈥� and restriction on 鈥渓arge capacity ammunition magazines鈥� were unconstitutional.
New Jersey Attorney General Jennifer Davenport, a Democrat whose office defended the law, said in a statement that the decision is 鈥渁s unfortunate as it is legally incorrect.鈥�
鈥淓very other federal circuit court to consider the issue has come out the other way,鈥� Davenport said. 鈥淎ssault 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.鈥�
John Commerford, executive director of the National Rifle Association Institute for Legislative Action, called the ruling a 鈥渉istoric victory for the NRA, the Second Amendment, and law-abiding Americans.”
鈥淭he Third Circuit has struck down these unconstitutional so-called assault weapons bans and magazine bans in New Jersey, affirming what we鈥檝e always known: the right to keep and bear arms, including commonly-owned rifles and standard-capacity magazines, is fundamental and cannot be infringed by politicians who prioritize control over constitutional freedoms,” Commerford said in a statement.
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Kelety reported from Phoenix.
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