The Department of Justice filed an amicus brief Thursday with the U.S. 3rd Circuit Court of Appeals urging the full court to strike down New Jersey's bans on AR-15-style rifles and magazines holding more than 10 rounds, arguing the categorical prohibitions violate the Second Amendment.
A 2-1 panel of the Philadelphia-based appeals court ruled last week that a lower-court judge erred in striking down the state's restrictions under the Supreme Court's 2022 Bruen decision. That landmark ruling reshaped gun laws nationwide by requiring any firearm regulation to be consistent with the nation's historical tradition, reinforcing that the Second Amendment is not a "second-class right."
Citing a February executive order by President Donald Trump and Attorney General Pam Bondi's April 8 directive to "use [DOJ's] full might" to safeguard gun rights, the government told the appeals court the Second Amendment protects arms "in common use" for all traditionally lawful purposes, including common defense.
Although regulations consistent with that tradition might be permissible, the DOJ argued, complete bans on overwhelmingly popular rifles and magazines holding more than 10 rounds are unconstitutional.
The brief also contended the right extends to magazines and other accessories that make constitutionally protected firearms useful for individual and common defense.
The filing came amid consolidated appeals challenging New Jersey's 1990 "assault-firearms" law and its 10-round magazine limit. In July 2024, U.S. District Judge Peter Sheridan ruled for New Jersey gun owners in part, holding the state's ban unconstitutional as applied to the Colt AR-15, while limiting his ruling to that model based on the record before him.
Sheridan, a George W. Bush appointee, upheld New Jersey's ban on magazines over 10 rounds. The plaintiffs include the Association of New Jersey Rifle & Pistol Clubs, Inc., and several individual gun owners. The National Rifle Association supports the challenge but is not a named plaintiff.
The Bruen decision played a significant role in the government's argument, suggesting that New Jersey's bans violate the Second Amendment because they fail the "common use" test and are not supported by historical tradition.
In Thursday's brief, the DOJ argued that legislatures "may not completely ban arms that are in common use among law-abiding citizens for lawful purposes," and that New Jersey's "complete bans on possessing rifles such as the AR-15 and magazines holding more than 10 rounds violate the Second Amendment."
New Jersey Attorney General Matt Platkin, a Democrat, State Police Superintendent Col. Patrick Callahan and several local officials are defending the laws. Newsmax reached out to Platkin's office for comment.
Michael Katz ✉
Michael Katz is a Newsmax reporter with more than 30 years of experience reporting and editing on news, culture, and politics.