Alan E. Johnson

New Jersey enacted laws that ban the possession of so-called “assault firearms”—including a list of over thirty models and types of semi-automatic rifles, such as the AR-15, and any firearm “substantially identical” to those listed—as well as laws restricting possession of “large capacity ammunition magazines” (LCMs), defined as magazines holding more than ten rounds. The statutes contain narrow exemptions, mostly for military, police, and certain target-shooting purposes, but in practice, they amount to a near-total prohibition on civilian possession of these weapons and magazines. Gun owners and advocacy groups challenged both sets of laws under the Second Amendment, and one group also raised a Takings Clause claim after New Jersey amended the LCM law in 2018 to further reduce the permitted capacity.

The United States District Court for the District of New Jersey consolidated three related lawsuits and ruled on cross-motions for summary judgment. The District Court found New Jersey’s ban on the Colt AR-15 unconstitutional under the Second Amendment but upheld the LCM restrictions and rejected the Takings Clause challenge. The plaintiffs and the State appealed.

The United States Court of Appeals for the Third Circuit, sitting en banc, applied the Supreme Court’s Second Amendment framework from New York State Rifle & Pistol Association v. Bruen and related cases. The Third Circuit held that the Second Amendment protects possession of semi-automatic rifles and large-capacity magazines, as both are “in common use for lawful purposes.” The court concluded New Jersey’s ban on semi-automatic rifles and its LCM restrictions are inconsistent with the Nation’s tradition of firearm regulation and thus violate the Second Amendment. The court modified the District Court’s order to invalidate the ban as to all semi-automatic rifles, reversed the ruling upholding the LCM provisions, and remanded for further proceedings, including as to other weapons regulated by the statutes.