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New Jersey's Ban on AR-15 Rifles Ruled Unconstitutional by Federal Judge

 August 2, 2024

A federal judge ruled Tuesday that New Jersey's ban on AR-15 rifles is unconstitutional, citing recent Supreme Court decisions. However, the judge upheld the state's restriction on magazines over 10 rounds.

The decision, sure to upset Democrats in D.C. and elsewhere, which pertains to a state statute, specifically applies to the Colt AR-15 rifle, based on detailed briefs and arguments, as the Post Millennial reports.

U.S. District Judge Peter Sheridan issued the ruling in a comprehensive 69-page opinion. He noted that the AR-15 Provision of New Jersey's Assault Firearms Law is unconstitutional as it pertains to the Colt AR-15 rifle for use in self-defense within the home.

Judge Cites Supreme Court Decision in Ruling

In his decision, Sheridan referenced the 2022 U.S. Supreme Court ruling in the pivotal Bruen case. This ruling, according to Sheridan makes bans on weapons commonly used for self-defense unconstitutional, thus forming the basis of his decision in this case.

Sheridan's ruling comes in response to a challenge against New Jersey's 1990 state law banning "assault firearms," which includes more than 60 types of firearms. The plaintiffs, including the Association of New Jersey Rifle & Pistol Clubs and the Firearms Policy Coalition, argued that the ban infringed upon their Second Amendment rights.

Sheridan emphasized the extensive information provided on the Colt AR-15 in briefs and arguments. This detailed information played a significant role in his decision to apply the ruling specifically to this model.

Magazine Cap Remains Intact

While Sheridan found the ban on the Colt AR-15 unconstitutional, he upheld New Jersey's cap on magazines over 10 rounds. This aspect of the law remains in effect despite the plaintiffs' challenge.

Sheridan acknowledged the complex nature of this ruling, given the history of misuse of such firearms by radical individuals. He stated, "It is hard to accept the Supreme Court's pronouncements that certain firearms policy choices are 'off the table' when frequently, radical individuals possess and use these same firearms for evil purposes."

Nevertheless, he noted that the decision is bound by the principle of stare decisis. "Even so, the Court's decision today is dictated by one of the most elementary legal principles within our legal system: stare decisis. That is, where the Supreme Court has set forth the law of our Nation, as a lower court, I am bound to follow it," Sheridan explained.

Plaintiffs' Response to the Ruling

The Association of New Jersey Rifle & Pistol Clubs expressed mixed reactions to the ruling. While they found the decision groundbreaking, they noted its limitation to the Colt AR-15. "The decision is groundbreaking in that it invalidates parts of New Jersey’s assault firearms law, it mistakenly limits that ruling to the ‘Colt AR-15’ only, even though the lawsuit clearly challenges the law as to ALL assault firearms," they stated.

The organization also found it curious that the ruling upheld New Jersey's magazine ban. "The ruling curiously upholds New Jersey’s magazine ban while simultaneously invalidating parts of the assault firearm law," the group added.

The Firearms Policy Coalition, another plaintiff in the case, filed a notice of appeal in the Third Circuit. They argued that bans on so-called "assault weapons" are both immoral and unconstitutional.

Limited Scope of the Ruling

Despite the plaintiffs' broader challenge to New Jersey's assault firearms law, Sheridan's ruling remains limited to the Colt AR-15. This limitation reflects the detailed arguments and information presented regarding this specific firearm model.

Sheridan's opinion underscores the complexities involved in balancing constitutional rights with public safety concerns. His decision highlights the ongoing legal debates surrounding firearms regulation in the United States.

As the case moves to the Third Circuit on appeal, it will likely continue to draw significant attention from both gun rights advocates and those advocating for stricter gun control measures.

Conclusion

A federal judge has ruled New Jersey's ban on AR-15 rifles unconstitutional, specifically applying to the Colt AR-15 rifle. This decision is based on recent Supreme Court rulings and detailed arguments presented in court.

However, the judge upheld the state's restriction on magazines over 10 rounds. The plaintiffs, including the Association of New Jersey Rifle & Pistol Clubs and the Firearms Policy Coalition, have expressed mixed reactions and filed an appeal.

The ruling underscores the ongoing legal and public debates surrounding firearms regulation in the United States.