State-level bans on assault weapons and related regulations are facing increasing legal challenges as gun rights groups seek to overturn restrictions in several states. This trend gained renewed attention after a federal appeals court this summer struck down New Jersey’s longtime assault weapons ban, one of the strictest in the country. The ruling is currently stayed pending a pending Supreme Court decision expected to address the constitutionality of state and local firearm regulations.
The legal disputes come more than two decades after the federal assault weapons ban expired in 2004, shifting much of the gun control debate to the state and municipal level. Last year’s landmark Supreme Court ruling introduced a new standard for evaluating restrictions on firearms, emboldening efforts to challenge bans on weapons classified as assault rifles. These bans typically target semiautomatic rifles capable of rapid fire, such as the AR-15, but can also cover certain handguns and shotguns. Definitions of assault weapons vary by jurisdiction and often rely on specific features like pistol grips, detachable magazines, flash suppressors, or collapsible stocks.
Currently, twelve states and the District of Columbia enforce prohibitions on the sale of assault weapons. However, the validity of some of these laws is in question. The recent decision against New Jersey’s ban puts states like Delaware, which enacted a similar measure in 2022 following mass shootings in Uvalde, Texas, and Buffalo, New York, potentially at risk if challenged in court. Virginia’s assault weapon ban, passed earlier this year, also faces legal hurdles, with challenges paused pending the Supreme Court’s forthcoming ruling.
In addition to assault weapon bans, several states limit possession of high-capacity magazines that allow for sustained firing without frequent reloading. These restrictions aim to reduce the lethality of firearms by limiting ammunition capacity, though the Supreme Court has yet to clarify its position on such regulations.
Other firearm restrictions have focused on specific models or accessories, such as bans on Glock-style pistols in four states, with California being the only state where such a ban is currently enforced. These laws often address “switches,” small devices that can convert semiautomatic handguns into fully automatic firearms, posing enforcement challenges due to their affordability and ease of manufacture. California’s restrictions have prompted legal action from the Trump administration, which argues that banning otherwise legal firearms based solely on their potential modification is unjustified.
The Supreme Court’s upcoming decision is likely to consider the prevalence of these firearms and their use in lawful activities, a factor that could shape the future of assault weapon and accessory bans nationwide. Depending on the ruling, the outcome could influence how courts assess challenges to a range of state and local gun control measures moving forward.