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Gun rights advocates picked up one of their biggest courtroom wins in years Friday after a federal appeals court ruled that New Jersey’s ban on Modern Sporting Rifles (MSRs) and standard-capacity magazines violates the Second Amendment.
The decision from the U.S. Court of Appeals for the Third Circuit could have major implications well beyond New Jersey. It arrives just months before the U.S. Supreme Court is set to hear two high-profile challenges to so-called “assault weapon” bans out of Connecticut and Illinois.
The case, Association of New Jersey Rifle and Pistol Clubs v. New Jersey Attorney General, centered on whether New Jersey could prohibit the sale and possession of commonly owned semi-automatic rifles and magazines holding more than 10 rounds.
The court’s answer was a clear no.
After reviewing the Supreme Court’s decisions in Heller, Bruen, Rahimi, and Wolford, the majority concluded that New Jersey’s “complete prohibition on the possession of semi-automatic rifles runs afoul of the Second Amendment’s protections.
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The court also rejected the state’s argument that only the Colt AR-15 deserved constitutional protection. Instead, it ruled the district court was wrong to limit its earlier decision to one specific firearm and held that the ban applies to an entire class of commonly owned rifles.
According to the opinion, there are at least 24 million AR-15-style rifles in circulation in the United States. NSSF says that number has now grown to more than 32 million.
“This ruling vindicates what NSSF has argued for decades,” said Lawrence Keane, NSSF’s senior vice president and general counsel. “The MSR is a commonly used firearm that is protected for legal sale and lawful ownership under the Second Amendment.”
The decision also tackled another hot-button issue: magazine bans.
The Third Circuit became the first federal appeals court to explicitly hold that detachable magazines are protected “arms” under the Second Amendment, not merely accessories.
The judges wrote that nothing in the Constitution suggests a magazine’s capacity determines whether it receives constitutional protection.
“Because magazines are required to operate many firearms, they are ‘Arms’ within the text of the Second Amendment,” the court wrote, adding that magazines capable of holding more than 10 rounds are “presumptively entitled to constitutional protection.”
The court further concluded that New Jersey failed to show its magazine restrictions were consistent with the nation’s historical tradition of firearm regulation, as required under the Supreme Court’s Bruen framework.
That finding could prove especially important as the Supreme Court prepares to hear similar cases this fall.
The Citizens Committee for the Right to Keep and Bear Arms (CCRKBA) called the ruling a warning to states with similar laws.
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This amounts to a warning shot across the bow of anti-gun-rights lawmakers,” said CCRKBA Chairman Alan Gottlieb. “We’re encouraged by today’s ruling that the Supreme Court will spell that out in plain language when it takes up the issue this fall.”
Gottlieb noted that the Supreme Court is expected to hear challenges to Connecticut’s statewide rifle ban and Cook County, Illinois’ ordinance when the new term begins in October.
While Friday’s decision applies directly only within the Third Circuit, it creates another split among federal appeals courts over the constitutionality of rifle and magazine bans. That makes the Supreme Court’s upcoming review even more significant.
For gun owners, the timing couldn’t be bigger.
The nation’s highest court has already agreed to decide whether bans on America’s most popular rifle are constitutional. Now, one of the country’s federal appeals courts has made its position unmistakably clear: commonly owned semi-automatic rifles and standard-capacity magazines are protected by the Second Amendment.
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best way to stop this non-stop crap is to vote them out office, but they seem to keep voting them in.