July 17, 2026

NSSF Praises Third Circuit Decision Striking Unconstitutional N.J. MSR, Magazine Ban

WASHINGTON, D.C. — NSSF^®, The Firearm Industry Trade Association, praises the U.S. Court of Appeals for the Third Circuit for its decision that found New Jersey’s laws banning the sale and possession of Modern Sporting Rifles (MSRs) and standard-capacity magazines violate the Second Amendment. This decision is momentous as it fuels the challenges that the U.S. Supreme Court will hear on similar state and municipal MSR bans in the next session and creates disagreement between the circuit courts on the constitutionality of both MSR and magazine bans.

The Association of New Jersey Rifle and Pistol Clubs v. New Jersey Attorney General, et al en banc decision concluded that New Jersey’s laws banning the sale of many commonly owned MSRs and standard-capacity magazines, or “large-capacity” magazines, as described by the law, violates the Second Amendment and is unconstitutional. The district court previously ruled that New Jersey’s MSR ban violated the Second Amendment only as to Colt AR-15s. The Third Circuit concluded that limiting the judgment to only one model of rifle was erroneous, ruling that New Jersey’s law is unconstitutional as to the entire class of MSRs it bans and remanding the case to the district court for further proceedings as to the constitutionality of the ban as to semi-automatic pistols and shotguns.

“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,” said Lawrence G. Keane, NSSF Senior Vice President & General Counsel. The U.S. Supreme Court just agreed to hear two appeals in its next session to determine definitively whether laws banning MSRs violate the Second Amendment.

The Third Circuit decision details the Supreme Court’s holdings in Heller, Bruen and, more recently, Rahimi and Wolford. After carefully applying those precedents the case, the majority wrote, “We therefore hold that New Jersey’s complete prohibition on the possession of semi-automatic rifles runs afoul of the Second Amendment’s protections.” Pointing to the district court’s determination that “there are around 24 million AR-15s” and similar rifles in circulation, the court determined that MSRs are “a class of arms ‘in common use for lawful purposes.’” NSSF now estimates there are more than 32 million MSRs in circulation.

The Court later added that standard-capacity magazines are, in fact “arms” and not accouterments, as was argued by N.J. Attorney General Matthew Platkin and accepted by some other courts to address the issue. The Court wrote, “… nothing in text of the Second Amendment suggests that the capacity of a magazine bears on whether it receives constitutional protection.” It added, “Because magazines are required to operate many firearms, they are ‘Arms’ within the text of the Second Amendment — even when they can hold more than ten rounds of ammunition. Thus, magazines — including those that can hold more than 10 rounds of ammunition — are presumptively entitled to constitutional protection.”

The Third Circuit is the first federal appellate court to correctly conclude that magazines are “Arms” protected by the Second Amendment. The decision went on to explain that New Jersey failed to meet its burden under the Bruen test to demonstrate that the standard-capacity magazine ban is consistent with the Nation’s historical tradition of firearms regulation and held that standard-capacity magazines are likewise “in common use for lawful purposes.”



About NSSF

NSSF is the trade association for the firearm industry. Its mission is to promote, protect and preserve hunting and the shooting sports. Formed in 1961, NSSF has a membership of thousands of manufacturers, distributors, firearm retailers, shooting ranges, sportsmen’s organizations and publishers nationwide. For more information, visit nssf.org.

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