A federal appeals court determined Massachusetts’ ban on certain semi-automatic firearms and magazines aligns with historical firearm regulation and doesn’t violate the Second Amendment.
The First Circuit Court of Appeals, in a unanimous decision by a three-judge panel, confirmed the denial of a preliminary injunction against Massachusetts’ law prohibiting the sale of so-called “assault weapons” such as the AR-15 and magazines that hold over ten rounds. The court found that its previous decision upholding a similar Rhode Island magazine ban also applied to Massachusetts’ restrictions on firearms.
Judge Gary Katzmann wrote in Capen v. Campbell, “A straightforward application of our prior holding in Ocean State Tactical supports the Commonwealth’s demonstration that the Massachusetts Ban’s AR-15 restriction ‘is consistent with the Nation’s historical tradition of firearm regulation.’” He added, “This means that Appellants have failed to demonstrate at this stage that the Ban is unconstitutional in all its applications.”
This decision follows a pattern of appellate courts upholding state-level bans on certain firearms and magazines since the Supreme Court’s landmark New York State Rifle and Pistol Association v. Bruen ruling in 2022.
The Bruen decision changed the landscape for Second Amendment legal challenges by now requiring firearm regulations to abide by the nation’s “historical tradition of firearm regulation.” This new framework has opened new avenues for gun owners to challenge AWBs and magazine bans in solid blue states. That said, the courts have still placed obstacles for gun owners seeking to roll back unconstitutional gun control measures.
Shortly after the Bruen ruling, U.S. District Judge Raymond Moore issued a temporary restraining order (TRO) against Superior, Colorado’s ordinance prohibiting AR-15s and magazines over 10 rounds. The court rejected the town’s argument that such weapons are “dangerous and unusual,” calling attention to their widespread lawful use and the lack of historical precedent for the implementation of such bans at the local level. Judge Moore alluded to Bruen’s emphasis on text and tradition, writing that the town’s public safety justification did not trump constitutional rights. While the TRO was limited to 14 days, the case marked the beginning of an early wave of judicial skepticism toward municipal AWBs through the use of the Bruen framework.
With respect to Oregon, Arnold v. Kotek, an Oregon state court permanently enjoined Measure 114, a 2024 ballot initiative that led to the ban of magazines holding over 10 rounds and the imposition of a permit-to-purchase system. Judge Robert Raschio ruled the law violated the Oregon Constitution’s right to bear arms, finding that high-capacity magazines have a valid use in the context of modern self-defense and that the state failed to demonstrate a historical tradition for such restrictions.
Though the Oregon Court of Appeals later reversed this decision, the case underscores how Bruen’s logic has continued to influence state-level challenges.
In Illinois’ case, in Barnett v. Raoul, U.S. District Judge Stephen McGlynn ruled last November that Illinois’ statewide ban on assault weapons and magazines holding over 10–15 rounds violated the Second Amendment. The court determined that AR-15-style rifles and similar firearms are commonly owned and used by citizens for legal purposes, including self-defense, and thus fall under Second Amendment protection.
Judge McGlynn stressed that the state failed to identify historical analogues for banning weapons widely used by law-abiding citizens, as dictated by Bruen. However, the decision was stayed for 30 days pending appeal, but the 7th Circuit later allowed the ban to remain in place temporarily while the appeals process goes on.
Going back to Massachusetts, the state can continue enforcing its firearms and magazine restrictions. The plaintiffs may either appeal the decision or return to district court to argue the case on its merits. The legislation being challenged is the 2024 Act Modernizing Firearms Laws (Chapter 135/H.4885), which Gov. Maura Healey (D) signed last July. The legislation replaced “assault weapon” with “assault-style firearm” and broadened definitions to include firearms with interchangeable parts or receivers compatible with prohibited models. Additionally, the bill mandated serialization and registration of all firearms, including privately manufactured “ghost guns,” within strict timelines, while also reinforcing the 10-round limit for detachable magazines and introducing new penalties for non-compliance.
With this decision in the books, Massachusetts maintains some of the nation’s toughest gun laws, pending any further appeals. While the post-Bruen era offers new opportunities for gun owners to resist gun grabs in blue states through litigation, these legal battles will be protracted and costly in nature. Restoring gun rights in the most hostile jurisdictions toward the right to self-defense will be no walk in the park.
About José Niño
José Niño is a freelance writer based in Austin, Texas. You can contact him via Facebook and X/Twitter. Subscribe to his Substack newsletter by visiting “Jose Nino Unfiltered” on Substack.com.
