The U.S. Court of Appeals for the 3rd Circuit ruled last Friday against New Jersey's bans on assault rifles and large-capacity magazines. The en banc decision was 10-5, with Judge Arianna Freeman writing the majority opinion. The ruling finds that such weapons are in common use and protected under the Second Amendment.
The court held that assault rifles qualify for constitutional protection because millions are owned by Americans today, even though they are rarely used for self-defense. Judge Freeman, a Biden appointee and former public defender, applied a broad interpretation of Supreme Court precedents from Heller and Bruen to cover all assault rifles and magazines holding more than 10 rounds.
Two other liberal judges joined the majority, while three Obama appointees and others dissented. Dissenting judges argued that the "common use" test allows manufacturers to flood markets with weapons to create constitutional rights and bypass regulation.
The decision breaks a prior streak of federal appeals courts upholding similar state bans. Observers noted it could influence the Supreme Court when it considers assault weapons issues next term, providing ideological cover for a nationwide ruling.
