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New Jersey's AR-15 Ban Overturned by Federal Judge
Court Ruling Cites Second Amendment Rights Amid Legal Battles Over Firearm Regulations.
In a landmark decision, a federal judge has ruled that New Jersey’s ban on AR-15 rifles is unconstitutional, marking a significant victory for gun rights advocates. U.S. District Judge Peter Sheridan issued a 69-page decision stating that the prohibition violated the Second Amendment, which protects the right to bear arms.
The case was brought forward by the Association of New Jersey Rifle and Pistol Clubs and the Firearms Policy Coalition, challenging New Jersey's "Assault Firearms Law," which bans the possession and sale of AR-15s and other similar firearms.
Judge Sheridan’s decision referenced recent Supreme Court rulings, including the Bruen decision, which struck down New York’s restrictions on concealed carry and emphasized the importance of the “historical tradition of firearm regulation” in evaluating gun control laws. “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 stated. “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. For these reasons and those below, the AR-15 Provision of Assault Firearms Law is unconstitutional.”
Sheridan argued that the use of AR-15s for self-defense is protected under the Second Amendment and is “inconsistent with our Nation’s historical tradition of firearm regulation.” However, his ruling did not affect other firearms, such as the Beretta AR-70 or the Springfield Armory BM59, which are also included in the law but were not argued in this case.
The decision was not a complete victory for gun rights advocates, as Sheridan upheld New Jersey’s ban on high-capacity magazines. He cited mass shootings and the use of large-capacity ammunition magazines in these events as a critical factor in maintaining the prohibition. “Second, that large capacity ammunition magazines have been used in most of these mass shooting events in recent years. This relationship is impossible to ignore,” he wrote.
Scott Bach, Executive Director of the Association of New Jersey Rifle & Pistol Clubs, indicated that his group plans to appeal parts of the ruling. “While the decision is mixed and certain to be appealed by both sides, it is groundbreaking in that it invalidates part of New Jersey’s ‘assault firearms’ ban — a misguided hardware ban destined to be overturned in its entirety,” he said.
Democrat New Jersey Attorney General Matthew Platkin criticized the ruling, accusing the court of using the Second Amendment to “undermine public safety.” Platkin has vowed to appeal the decision to overturn the AR-15 ban, asserting the state's commitment to maintaining strict firearm regulations.
This decision adds to the ongoing national debate over gun rights and public safety, highlighting the tension between constitutional rights and efforts to address gun violence. The appeal process is expected to further scrutinize the balance between individual liberties and community protection in the realm of firearm legislation.
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