Federal Court Declares New Jersey's AR-15 Ban Unconstitutional
Author: Nick Miles | Publish Date: Jul 31, 2024
On Tuesday, a federal court judge declared that New Jersey’s ban on AR-15 rifles is unconstitutional, potentially leading the state to lift its long-standing prohibition on certain semi-automatic weapons.
This ruling is limited in scope, specifically applying only to the Colt AR-15 model, and permits its use solely for self-defense within the home.
Impact on New Jersey’s Gun Laws
The decision is the latest in a series of setbacks for New Jersey’s stringent gun laws, following recent pro-Second Amendment rulings by the U.S. Supreme Court.
Gun rights advocates, who challenged the ban, viewed the ruling as a partial victory. They argued in court documents that the law “blatantly violates the fundamental rights of the state’s law-abiding citizens to keep and bear arms in common use for self-defense and other lawful purposes.”
State Attorney General Matthew Platkin announced on Tuesday that his office would appeal the decision, claiming it “weaponizes the Second Amendment to undermine public safety.”
Platkin stated, “The AR-15 is a weapon designed for warfare, causing catastrophic mass injuries, and it is the weapon of choice in the epidemic of mass shootings that have devastated many communities across the nation.”
In his 69-page ruling, U.S. District Court Judge Peter Sheridan, appointed by George W. Bush, criticized the Supreme Court’s directives that prevent certain firearms policy choices, even as radical individuals often misuse these firearms for harmful purposes.
Nevertheless, Sheridan noted that he was obligated to follow the higher court’s rulings in two cases, known as Bruen and Heller.
“This principle — combined with the reckless inaction of our governmental leaders to address the mass shooting tragedy afflicting our Nation — necessitates the Court’s decision,” Sheridan wrote.
Challenges to Existing New Jersey Laws
The judge's decision addressed challenges to New Jersey’s Assault Firearms Law, established in 1990, and a 2018 law signed by Governor Phil Murphy limiting magazine sizes to 10 rounds.
While Sheridan deemed the AR-15 ban unconstitutional based on the new Supreme Court rulings, he upheld the state’s large-capacity magazine ban under the same legal framework.
The Supreme Court’s ruling “forbade a complete prohibition on a class of gun ownership,” Sheridan wrote, noting that AR-15 rifles are common in gun-friendly states.
Specific Focus on Colt AR-15
However, the ruling is specific to the Colt AR-15 model due to the “variety of firearms regulated in the Assault Firearms Law and the nuances that each individual firearm presents,” and because the case's evidence pertained to the AR-15.
Future Actions by Gun Rights Groups
Gun rights groups, including the New Jersey Association of Rifle and Pistol Clubs and the national Firearms Policy Coalition, have filed notice to appeal the judge’s decision upholding the magazine ban, according to court records.
Continued Efforts to Challenge Gun Bans
“Bans on so-called ‘assault weapons’ are immoral and unconstitutional,” stated FPC President Brandon Combs on Tuesday.
“FPC will continue to fight forward until all of these bans are eliminated throughout the United States.”