3rd Circuit Overturns New Jersey Assault Weapons Ban

The U.S. Court of Appeals for the 3rd Circuit overturned New Jersey’s ban on assault weapons on July 23, 2026, ruling that the state’s longstanding restrictions were unlawful. The decision forces New Jersey Democratic leadership to determine how to maintain firearm regulations following a series of legal setbacks regarding the state’s gun laws.

The ruling removes the legal basis for New Jersey’s prohibition on specific classes of semi-automatic firearms, according to court documents. This appellate decision follows a period of increasing judicial scrutiny over the state’s restrictive firearm statutes.

New Jersey lawmakers are now evaluating legal alternatives to the overturned ban. The state’s leadership expressed dismay over the 3rd Circuit’s decision, which disrupts the state’s established approach to assault weapon regulation.

The 3rd Circuit’s decision aligns with a broader trend of federal courts striking down state-level firearm bans by applying the “text, history, and tradition” standard established by the U.S. Supreme Court in New York State Rifle & Pistol Association, Inc. v. Bruen.

Under the Bruen standard, the government must demonstrate that a firearm regulation is consistent with the nation’s historical tradition of firearm regulation to be considered constitutional. The 3rd Circuit found that New Jersey failed to meet this burden regarding the assault weapons ban.

This ruling is the latest in a string of legal challenges against New Jersey’s gun laws. Lawmakers are currently weighing whether to appeal the decision to the U.S. Supreme Court or to draft new legislation that attempts to comply with the 3rd Circuit’s interpretation of the Second Amendment.

The overturning of the ban creates an immediate legal vacuum for the enforcement of existing assault weapon statutes in the state. New Jersey officials have not yet announced a formal timeline for their legislative response or a decision on a further appeal.