Appeals court says NJ's AR-15, high-capacity magazine bans violate Second Amendment

[BumRushDaShow]

Source: The Hill

07/17/26 3:11 PM ET


A federal appeals court invalidated New Jersey’s ban on “assault” firearms and high-capacity magazines in a 10-5 vote on Friday, ruling that it violates the Second Amendment.

The decision by the 3rd U.S. Circuit Court of Appeals hands gun rights advocates one of their biggest legal victories yet on the issue as the Supreme Court gears up to provide a nationwide resolution next term in a separate case. “The text of the Second Amendment covers all magazines, not just magazines that New Jersey considers ‘standard capacity,’” U.S. Circuit Judge Arianna Freeman wrote for the majority.

New Jersey originally enacted the restrictions in 1990. It effectively bans magazines exceeding 10 rounds and weapons deemed an “assault firearm,” a definition that covers AR-15s and similar models.

It’s the latest gun restriction to fall in the wake of the Supreme Court’s expansion of Second Amendment rights. A test laid out by the high court’s 6-3 conservative majority requires states to point to historical analogues to justify their gun control measures.

Read more: https://thehill.com/regulation/court-battles/5975022-3rd-circuit-new-jersey-assault-weapons-magazine-ban/

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Link to ORDER (PDA) - https://www2.ca3.uscourts.gov/opinarch/242415p.pdf

[WestMichRad]

1. No limits, baby!

Gonna get me some RPGs and killer drones!

[lastlib]

2. DAMN, we need a NEW Supreme Court!!!

Come on, Clarence, f***ing DIE already!! You too, Sammy!

[bluestarone]

3. Newb Jersy's ban can't be allowed BUT THIS

Supreme court CAN ban guns inside their court! THAT is BULLSHIT!! For fuck sake IF the court wants to ALLOW these fucking KILLER GUNS, then they should be allowed in every court room in America. PERIOD!! Why are they so fucking protected?

[mopinko]

4. somebody needs to follow the money.

the nra got away w funneling rubles onto our system for yeeears. who’s funding these groups now that the nra is bankrupt? pootie, still?

[BumRushDaShow]

5. "Gun Owners of America" is the "new NRA"

As the NRA fades, a more zealous US pro-gun group rises as a lobbying power

[sarisataka]

11. Back before the NRA shot itself in the foot

Pun definitely intended, and people were screaming to have the NRA disbanded
Or sued out of existence, I warned about Gun Owners of America.

I described them back then as the NRA's more radical, less compromising cousin. With the vacuum left by the NRA they have become far more active and perhaps even more dedicated to "shall not be infringed"

[BumRushDaShow]

12. I know that NY AG Tish James ran the NRA out of NY

where they fled to TX to figuratively "bleed out" (another pun). But I think many of us knew that the vacuum would be filled. The industry is too lucrative.

GOA has appeared on most of the recent lawsuits. But even with the recent liberalization of gun regulations, the rise of class action suits and liability may continue to provide a counterweight to that.

[NickB79]

9. 2 of the judges in the majority were Biden appointees

[mopinko]

10. i'm talking about the group.

[groundloop]

6. So a few fucking words (which have been misinterpreted) are more important that our children's lives

In case anyone missed it guns are the leading cause of death for children in the US. And thanks to the courts for years ignoring that little tidbit in the 2nd Amendment about a "well regulated militia" our children are going to keep dying so that gun manufacturers can keep raking in money.

What a fucked up shit-hole country!!!!!!!

[Skittles]

15. the "pro-life" party doesn't give a fuck about school shootings

their answer is always the same: thoughts and prayers, which of course are as useless as the GOP

[J_William_Ryan]

7. "the high court's 6-3 conservative majority"

has already begun the process of rendering all states' AWBs un-Constitutional.

[sakabatou]

8. I get that owning a gun is protected

But having large magazines also protected? How the hell are those protected?

[Callie1979]

25. My thoughts exactly. Same as bump stocks. They are NOT "weapons".

[Aussie105]

13. America needs to be Armed!

The Constitution says so!

Never mind that the second amendment was written for reasons that no longer apply and involve guns that no longer exist, you GOTTA BE READY!

. . . ready for the next US ground invasion - by the Canadians, Mexicans, aliens, armed penguins, zombies, locusts, whatever.

And if there is no war and your ammo is reaching it's 'use by' date, well, seek out some worthy targets!
(Your neighbours look a bit sus, and them dark skinned people who steal your jobs, eat the cats and dogs, etc . . . )

[Skittles]

14. cowards need their guns

yup

[Grins]

16. Magazines are in the 2nd Amendment? Where?

They were not even conceived of at the time the constitution was ratified.

We’re too stupid to survive as a nation.

[Kablooie]

17. Of course.

Every American needs to have the means to slaughter multiple people if they seem unpleasant.

If they were serious about historical precedent, only the guns available at the time the amendment was written should be allowed.
It’s ridiculous to say you are limiting it to its meaning when it was written but then say it covers all kinds of weapons that didn’t exist then.

[Humpszy]

18. Of course

Radio, TV, and the internet did not exist when the 1st was written. Should those be excluded from it? Or is it only certain techs that apply to the bill of rights?

[sheshe2]

19. You are comparing Radio, TV, and the internet as Freedom of speech...

to an AR-15, high-capacity magazine as a freedom to slaughter bear arms?

[Humpszy]

20. Yes

'Freedom of Press' is a known thing. 'Arms' is a known thing, small arms, guns. Rifles, pistols. And all that comes with it. If you don't like it, fight to refine or overturn the 2nd. The semantic arguments don't work now, and never did.

And I never understood what a 'high capacity magazine' meant, It's arbitrary of course, like saying 'the internet is too fast to spread speech now'. It's nuts.

You have a problem with 'bear arms'. They had really capable guns back then, lots don't know that. Even repeating fire. None of that matters though anymore than the internet not existing matters. It's about arms, press, all that. We know what these mean. It's basic law and English and we need a national standard on them all. No more AWB's any more than a state can exact slavery despite the amendments against it.

[littlemissmartypants]

21. You seem to know a lot about fure arms. Do you hunt?

[Humpszy]

22. only the most dangerous animal.

[Callie1979]

27. Oh, so now you claim to hunt human? Yeah you'll last a long time here.

because we ARE the most dangerous

[Callie1979]

26. The point being made is a magazine isnt a weapon. Neither is a bump stock.

"freedom of the press" can take many forms and still be "the press"
A 6 round revolver & an AR 15 are both "arms"; a 60 round clip ( I LOVE to use "clip" because the gun nuts seem to always lose their shit over that simple word, even though my basic training range control sgt used it & mag interchangeably) is not a weapon unless you hit someone in the head with it.
The capacity doesnt affect the weapon's use. Neither does the lack of a bump stock.
But here we are, and here we'll stay, the MOST murderous 1st world country in the world by leaps & bounds.

[Humpszy]

28. Is a pen a part of 'the press'

A keyboard? An accessory?

It's not that complicated. If someone said you're limited to only a pen that has ink for 10 words, is that ok for the 1st?

Again, the difference of tools involved in the terms isn't what matters. It's the freedom that matters. The right to bear arms it a positive one to the people.

[perdita9]

23. Gun violence is the #1 cause of death for American children

Not that the pro lifers on the Supreme Court care about that

[Humpszy]

24. Don't look at the #'s

of gun violence in the US vs lack of AC in Europe deaths for a long, long time.

Also, to make it germane to this issue, can you cite any evidence that AWB's have directly reduced any deaths, at all?