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Gun Control, 2A Groups React to Third Circuit Victory in Gun, Magazine Ban Case

Gun control groups are pretty quiet after the Third Circuit handed down a major ruling on Friday holding New Jersey’s ban on so-called assault weapons and large capacity magazines unconstitutional. 

One notable exception is Giffords. 

States do not have the right to trample on the enumerated rights of their citizens, which is exactly what bans on commonly owned arms do. 

New Jersey Attorney General Jennifer Davenport has also weighed in, calling the decision “unfortunate as it is legally incorrect.” 

Anti-gunners are going to keep pointing out that the Third Circuit is the first appellate court to rule these bans unconstitutional, as if that really matters. The Supreme Court had already agreed to take up challenges to “assault weapon” bans in Illinois and Connecticut before today’s decision, but we now have a legitimate circuit court split on the issue, which makes SCOTUS’s decision even more timely. 

It’s also worth pointing out that today’s decision was authored by Judge Arianna Freeman, who was appointed by Joe Biden in 2022. Freeman wrote a legitimately strong opinion, and it’s good to see that not every Democrat-appointed judge is a lock to uphold every gun control law that comes before them. 

I’m turning that into a poster for my office wall. 

Now, on to the reaction from Second Amendment groups. From Second Amendment Foundation’s executive director Adam Kraut:

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 – Viramontes v. Cook County and Grant v. Higgins are valid and well-reasoned. The Supreme Court’s recent decision Wolford v. Lopez, where the 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.”

NRA-ILA Executive Director John Commerford:

“Today marks a historic victory for the NRA, the Second Amendment, and law-abiding Americans. The Third Circuit has struck down these unconstitutional so-called assault weapons bans and magazine bans in New Jersey, affirming what we’ve always known: the right to keep and bear arms, including commonly-owned rifles and standard-capacity magazines, is fundamental and cannot be infringed by politicians who prioritize control over constitutional freedoms. This ruling protects the rights of millions of responsible gun owners in the Garden State and serves as another benchmark in our efforts to dismantle gun control across the country.”

National Shooting Sports Foundation general counsel and senior vice president Larry Keane called the decision “momentous,” adding:

“Today’s ruling by the Third Circuit vindicates what NSSF has argued for decades. The MSR is a commonly used firearm that is protected for legal sale and lawful ownership under the Second Amendment. Additionally, standard-capacity magazines are ‘arms’ that are also protected by the Second Amendment.”

The Association of New Jersey Rifle & Pistol Clubs, one of the named plaintiffs in the three lawsuits decided today, has also offered its take on the decision, saying in part:

ANJRPC has spearheaded these challenges to New Jersey’s bans on “assault weapons“ and magazines for nearly a decade. While these challenges were met with initial resistance in the lower federal courts, it is gratifying to see our advocacy for the every-day gun owner finally victorious. Gun owners also owe a huge debt of gratitude to the NRA and NRA-ILA for their incredible financial and legal assistance in this case

Notably, the court declined to rule on the “assault weapon” law’s ban on semi-automatic shotguns and handguns, instead sending that part of the law back to the lower court for further proceedings on those issues.

Today’s decision is certain to send shockwaves through the New Jersey State House, where lawmakers are surely reeling from this blow and scrambling to consider their next move in response. Bans on “assault weapons” and magazines have been a centerpiece of New Jersey gun control since the early 1990s.

In the coming days, ANJRPC will be releasing a detailed analysis of today’s decision by attorney Dan Schmutter. Please stay tuned as gun owners across the region celebrate this historic victory! 

I look forward to reading Schmutter’s analysis, and we’ll hopefully be able to get him on Bearing Arms’ Cam and Company next week. 

Other reactions:

And maybe my favorite reaction (slight warning for language). 

It’s always good to head into the weekend on a high note, and after today’s decision by the Third Circuit I know that I and many other Second Amendment supporters will be celebrating a big win. We’ll have more coverage on the multiple opinions from the Third Circuit over the weekend, so be sure to check in on Saturday and Sunday. 

Editor’s Note: The radical Left will stop at nothing to enact their radical gun control agenda and strip us of our Second Amendment rights.

Help us continue to report on and expose the Democrats’ gun control policies and schemes. Join Bearing Arms VIP and use promo code FIGHT to receive 60% off your membership.



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