On Tuesday, a federal judge declared New Jersey’s ban on the AR-15 rifle unconstitutional. However, the state’s restriction on magazines holding over 10 rounds remains valid. U.S. District Judge Peter Sheridan’s ruling hinged on recent Supreme Court decisions, notably the 2022 Bruen decision, which expanded gun rights.
Ruling Based on Supreme Court Precedents
Judge Sheridan explained that Supreme Court precedents influenced his decision. The Bruen decision, a landmark case that emphasized the protection of Second Amendment rights, played a crucial role in his judgment.
A Watchtower AR-15.
Sheridan stated:
“Where the Supreme Court has set the law of our Nation, as a lower court, I am bound to follow it.”
He acknowledged the ongoing debate about firearms policy but emphasized that his role is to enforce the law as interpreted by the Supreme Court.
The ruling has stirred reactions from both Second Amendment advocates and the state attorney general. Both parties plan to appeal the decision. In the meantime, Judge Sheridan has delayed the implementation of his order for 30 days, allowing time for further legal actions.
Judge Sheridan’s Perspective
Judge Sheridan highlighted the broader context of gun-related violence in his opinion. He pointed out the need for comprehensive measures from Congress and the president to address this issue.
He writes:
“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.”
National Implications
New Jersey’s AR-15 ban is similar to laws in nine other states and the District of Columbia.
These regions include major cities like New York and Los Angeles, as well as places like Newtown, Connecticut, where the tragic Sandy Hook Elementary School shooting occurred. The AR-15 was used in that massacre, leading to calls for stricter gun control laws.
Reactions from Gun Rights Advocates
Brandon Combs, president of the Firearms Policy Coalition and one of the plaintiffs in the case, expressed satisfaction with the ruling.
Combs stated:
“Bans on so-called ‘assault weapons’ are immoral and unconstitutional. FPC will continue to fight forward until all of these bans are eliminated throughout the United States.”
New Jersey Attorney General Matt Platkin criticized the ruling, arguing it undermines public safety.
Platkin said:
“The AR-15 is an instrument designed for warfare that inflicts catastrophic mass injuries, and is the weapon of choice for the epidemic of mass shootings that have ravaged so many communities across this nation.”
He emphasized the state’s commitment to appealing the decision.
Broader Legal Challenges
The Bruen decision has already influenced other legal battles. In Connecticut, a gun rights group has challenged the state’s 2013 gun control law, which bans assault weapons, including AR-15-style rifles. Although a federal judge rejected a request to temporarily block this law, the appeal process continues.
New Jersey has some of the strictest gun laws in the United States, particularly under Democratic Governor Phil Murphy. In 2018, Murphy signed a large-capacity magazine ban into law, reducing the limit from 15 rounds to 10. Despite protests from Second Amendment advocates, this measure aimed to reduce the potential for mass casualties in shootings.
Governor Murphy expressed concern over the ruling and remains optimistic about its reversal on appeal.
Murphy stated:
“For too long, these weapons — which belong in a war zone rather than on a New Jersey street — have senselessly torn mothers, fathers, daughters, and sons away from their loved ones.”
Focus on the Colt AR-15
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