The Shooting Wire

Monday, July 20, 2026  ■  Courts

Third Circuit Strikes Down New Jersey 'Assault Weapons' Ban, Bolstering SAF's Cases Before the Supreme Court

The Third Circuit Court of Appeals has struck down New Jersey's assault weapon and magazine capacity bans, bolstering a positive outcome in the Second Amendment Foundation's (SAF) two assault weapons ban cases currently before the Supreme Court.

"Today's Third Circuit decision striking down New Jersey's so-called 'assault weapons' ban confirms arguments in SAF's two cases before the Supreme Court – Viramontesv. Cook County and Grant v. Higgins are valid and well-reasoned," said SAF Executive Director Adam Kraut. "The Supreme Court's recent decision Wolford v. Lopez, where he Court further clarified what constitutes an 'arm' for Second Amendment purposes, has already laid the groundwork for resolving these cases favorably and was adopted by the Third Circuit. We are optimistic today's ruling will further bolster a favorable result once we have the opportunity to argue the cases before the Court this fall."

In today's opinion, the en banc Third Circuit struck down key parts of New Jersey's "assault weapons" and magazine laws, which creates a circuit split on both issues. The ruling ultimately functions as an excellent opening act ahead of the Supreme Court consideration of SAF's Viramontes and Grant cases in its upcoming term.

"We're thrilled to see the en banc Third Circuit abide by the Second Amendment and the clear analytical framework established by the Supreme Court," said SAF founder and Executive Vice President Alan M. Gottlieb. "Today, the Court rightfully ruled that New Jersey's 'assault weapons' and magazine capacity bans are unconstitutional. We are certainly optimistic that bans such as these will continue to fall, and that the Supreme Court will also see these bans for what they are – infringements on the right to keep and bear arms."

For more information visit SAF.org.

The Second Amendment Foundation (saf.org) is the nation's oldest and largest tax-exempt education, research, publishing and legal action group dedicated to safeguarding and promoting the fundamental rights of individuals enshrined in the Second Amendment of the United States Constitution. SAF engages in aggressive legal action to ensure the principles of armed self-defense, personal liberty, and the ownership of arms are defended, secured, and restored. Through public education initiatives, SAF teaches the importance of the Second Amendment to promote a society that values and exercises the right to keep and bear arms.