Federal appeals court rules NJ’s AR-15, high-capacity magazine bans violate Second Amendment

The 3rd U.S. Circuit Court of Appeals ruled in a 10-5 split that the Second Amendment allows gun owners to have access to all ammunition magazines and not just ones certain states consider "standard capacity."

Published: July 17, 2026 4:28pm

A federal appeals court ruled Friday that New Jersey's ban on “assault” firearms and high-capacity magazines violated the Second Amendment, marking a significant victory for gun rights advocates.

The 3rd U.S. Circuit Court of Appeals ruled in a 10-5 split that the Second Amendment allows gun owners to have access to all ammunition magazines and not just ones certain states consider "standard capacity."

New Jersey originally enacted the restrictions in 1990, which essentially banned magazines exceeding 10 rounds and weapons deemed an “assault firearm,” a definition that covers AR-15s and similar models, according to The Hill.

The court's five dissenters argued that the AR-15 guns and other assault rifles and weapons are not the "arms" protected under the Constitution, because they are not commonly used as self-defense weapons.

The National Rifle Association praised the appeals court's ruling, claiming it was a "historic victory" for gun rights activists. 

“The Third Circuit has struck down these unconstitutional so-called assault weapons bans and magazine bans in New Jersey, affirming what we’ve 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," NRA Institute for Legislative Action Executive Director John Commerford said in a statement.  

"This ruling protects the rights of millions of responsible gun owners in the Garden State and serves as another benchmark in our efforts to dismantle gun control across the country," he added.

The ruling comes as the Supreme Court prepares to consider similar resolutions in Connecticut and Chicago in its next term. 

Misty Severi is a news reporter for Just The News. You can follow her on X for more coverage. 

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