In a significant legal development, a federal appeals court declared on Friday that New Jersey’s prohibition on assault guns and high-capacity magazines surpassing 10 rounds is unconstitutional.

This groundbreaking decision marks the first instance where a federal appeals court has invalidated a state’s restrictions on these weapons. The ruling coincides with the U.S. Supreme Court’s upcoming consideration of whether limits on semiautomatic rifles contradict the Second Amendment. Interestingly, a separate federal appeals court recently upheld Illinois’ restrictions on similar firearms.

The latest ruling from the appeals court expands upon a federal judge’s July 2024 decision, which found New Jersey’s AR-15 ban unconstitutional but maintained the ban on larger-capacity magazines. On Friday, the 3rd U.S. Circuit Court of Appeals concluded in its opinion that both the state’s comprehensive ban on so-called “assault firearms” and its restrictions on “large capacity ammunition magazines” violate constitutional rights.

New Jersey Attorney General Jennifer Davenport, representing the law’s defense in this case, expressed her dissatisfaction, calling the ruling “as unfortunate as it is legally incorrect.”

Davenport further noted, “Every other federal circuit court considering the issue has reached the opposite conclusion. Assault weapons and large capacity magazines contribute significantly to the current epidemic of mass shootings, and New Jersey acted prudently and within the law by restricting them. We are evaluating our next steps.”

John Commerford, executive director of the National Rifle Association Institute for Legislative Action, called the ruling a “historic victory for the NRA, the Second Amendment, and law-abiding Americans.”

Adam Winkler, a law professor at the University of California, Los Angeles, said that Friday’s ruling was surprising because federal courts of appeals have upheld assault weapons bans in the past. On the other hand, he added, the decision “may be foretelling the Supreme Court’s coming opinion on assault weapons bans.”

“What this Third Circuit opinion shows is that there are very few gun laws that are safe from being struck down right now,” Winkler said. ___

Kelety reported from Phoenix.

On Thursday, a man sought for felony charges attempted a daring aquatic escape from law enforcement, taking to the Pacific Ocean for an hour and a half before lifeguards managed to catch up with him and conclude his odd sea-bound flight.

As reported by KTLA, the sea-side scene unfolded just after daybreak at 7:21 a.m., when LAPD’s West LA Division officers tried to approach the suspect near the bustling Pacific Coast Highway and the iconic Sunset Boulevard.

Faced with apprehension, the man reportedly took flight, sprinting past a lifeguard station and plunging into the chilly waters of Will Rogers State Beach to evade capture.

Video captured by SkyFOX shows the suspect, who appeared to struggle against three LA County lifeguards as they worked to restrain him before guiding him toward a waiting LA County Sheriff’s Department boat.

The video shows the man continuing to resist as he was brought alongside the vessel, where officers and lifeguards ultimately pulled him aboard and took him into custody.

KTLA reported the suspect remained hundreds of yards offshore as lifeguards on rescue boards stayed nearby, monitoring his condition and attempting to talk with him while a sheriff’s department boat and a county lifeguard rescue boat positioned themselves offshore.

According to the outlet, the suspect at one point swam toward shore near Temescal Canyon before abruptly turning back into deeper water, prompting lifeguards to move in and end the standoff.

FOX 11 reported the suspect swam about a mile during the nearly 90-minute ordeal and appeared to be nude from the waist down.

It was not immediately clear what prompted officers to initially contact the suspect or what felony warrant he was wanted on.

His identity, condition and any additional charges were not immediately released.

News Media has reached out to the LAPD for additional information.

The ongoing Legionnaires’ disease outbreak on the Upper East Side has claimed its first victim, health officials disclosed on Friday, as the situation appears to be escalating.

New York City Health Commissioner Dr. Alister F. Martin expressed his sorrow in a statement, acknowledging the loss linked to the Legionnaires’ disease cluster affecting the area.

Offering his heartfelt sympathies, Dr. Martin emphasized respect for the family’s privacy, refraining from sharing any further details about the deceased.

The outbreak continues to spread, with the city’s total number of cases rising to 67 by Thursday night, an increase from the previous count of 63.

As of now, health officials report that 12 patients are still receiving treatment in hospitals due to the Upper East Side’s Legionnaires’ disease cluster.

The disease, which stems from Legionella bacteria that has been found in 76 cooling towers across Upper East Side neighborhoods and one on the Upper West Side, is a deadly type of pneumonia that can be treated with antibiotics if caught early.

During a court hearing, the lawyer representing an accused baby killer made an unusual comparison, likening her cumbersome ankle monitor to ‘a ball and chain,’ as he implored the judge—though unsuccessfully—to permit her move back home to Mississippi.

Brianna Moore, a former University of Tampa student aged 21, faces serious allegations of murdering her newborn daughter shortly after a solitary childbirth in a dormitory bathroom in April 2024.

On Thursday, Moore made her appearance in a Florida courtroom, having recently secured her release on a $262,500 bond. This followed nearly two years of incarceration.

Despite her release, Moore’s freedom is restricted by a condition that mandates her to remain within Hillsborough County boundaries until her trial in November.

Her legal team appealed to Hillsborough Circuit Judge Lawrence Lefler, requesting permission for her to reside with family in Mississippi in the interim.

They insisted the GPS device fastened to her ankle was so formidable that she could not remove it even if she tried.

‘I just wanted the court to actually see the monitor,’ attorney Jonah Dickstein told the judge.

‘It’s not a normal one. This would take, like, some industrial-strength thing to break. I’m serious. I just saw it, and I can’t believe it. This is a serious object. It’s like a ball and chain.’

Dickstein then had Moore approach the bench and show Lefler the monitor, describing it as ‘several inches thick.’

But Lefler was unconvinced by the show-and-tell, pointing out that other defendants had successfully cut off similar devices.

‘Let’s be real,’ he said. ‘You could cut it if you needed to.’

The judge stressed that he was not suggesting Moore intended to flee, but questioned how authorities could enforce her release conditions from hundreds of miles away.

‘Let’s assume for a second she does run,’ Lefler said.

‘I don’t know how big Quitman is. I don’t know if they have a police force. I have no idea if there’s any way to enforce that.’

Moore’s attorneys argued she was hardly equipped to make a quick getaway, with just 48 cents to her name after leaving jail Wednesday night.

Her entire family lives in Mississippi, where she was born and raised, and relatives had offered her five possible homes, defense attorney Idalis Vento said.

Vento argued that forcing Moore to stay in Hillsborough County would make it difficult for her to find work and expose her to harassment because of the publicity surrounding the case.

Moore has no passport, no money and an expired driver’s license, the attorney added.

‘She does not have a way to get around,’ Vento told the court. ‘She has no money to go anywhere.’

Her family has also attended every court hearing despite having to travel from Mississippi, the defense said.

Moore’s attorneys insisted she had fully cooperated with investigators and had not attempted to disappear after the baby’s death.

She finished the semester following the birth, passed her courses and then transferred to another university in Mississippi, Dickstein told the court.

Moore also gave police the addresses where she could be found before returning home, her lawyers said.

She remained there for about six months before authorities arrested her. 

‘She could have gone anywhere in the world,’ Vento said. ‘And where do they find her? At home.’

The attorneys argued that Moore could be monitored around the clock by GPS and checked on by local law enforcement.

They also noted that the bail bondsman had approximately $26,000 riding on her continued cooperation.

‘You can bet that if any of this happened, the bond agent would turn into Dog the Bounty Hunter if she were to run,’ Vento said. ‘But she’s not going to run.’

Prosecutors were not persuaded and strongly opposed allowing Moore to return home, arguing there had been no change in circumstances since her release conditions were originally imposed.

They also raised concerns about Florida authorities’ ability to supervise her across state lines.

After inspecting the supposedly formidable monitor and hearing why Moore was an unlikely flight risk, Lefler denied the defense’s request.

‘At this point, I’m just going to deny your motion,’ he said.

The judge ordered Moore to remain in Hillsborough County and gave her seven business days to secure a permanent local address.

Moore and her family were staying in an Airbnb immediately after her release and had not yet arranged long-term accommodation, the court heard.

Prosecutors questioned how Moore had been allowed to post bond without having a permanent address in the county.

‘She shouldn’t have been able to bond out without a permanent address,’ a prosecutor told the court.

Lefler acknowledged the problem but said he could not force Moore to ‘do the impossible’ after she had been released only the previous night.

Her bail agent must also provide prosecutors and the court with weekly reports documenting her movements.

Moore faces charges including aggravated manslaughter in connection with her newborn daughter’s death.

She gave birth alone in a University of Tampa dormitory bathroom in April 2024, according to authorities.

Defense medical experts have said the child may have died unintentionally during the unattended delivery.

A psychological expert has also said Moore may have experienced a cryptic or unperceived pregnancy, a condition in which someone is unaware of or in denial about being pregnant.

The expert determined that Moore entered a mild dissociative state brought on by severe trauma when she went into labor.

Dickstein told the court that Moore repeatedly spoke with investigators, answered their questions and had no previous criminal record.

He also said her daughter’s cremated remains were returned to Moore in an urn and taken to her family’s home in Mississippi.

Moore was released shortly before 9pm Wednesday after posting bonds totaling $262,500, according to jail records.

It marked her first taste of freedom since she was arrested at her Mississippi home in October 2024. Her trial is scheduled to begin in November.