Gun Laws & Legislation

New Jersey’s AR-15 Ban Is Unconstitutional, Judge Rules

Officer Trent Morgan @ UWOPD weapons qualification on the AR-15, Waupun Correctional Institute Range, Waupun, Wisconsin (05-28-2009) WikiMedia Commons/Public/popo.uw23, Public domain

Jeff Charles Contributor
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A federal judge on Tuesday ruled that New Jersey’s ban on AR-15 rifles is unconstitutional while upholding the state’s prohibition on magazine capacities exceeding ten rounds.

In his 69-page opinion, U.S. District Judge Peter Sheridan explained his obligation to follow the Supreme Court’s rulings on gun rights despite his personal reservations. “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,” he wrote, according to KRON 4.

Sheridan’s ruling was heavily influenced by the Supreme Court’s ruling in New York Rifle & Pistol Association v. Bruen, which has been used to strike down a series of gun control laws across the country. (RELATED: ‘Unjustified And Unconstitutional’: Senate Republicans Block ‘Bumper Sticker Slogan’ Semi-Auto Ban)

The judge decried what he viewed as the government’s “inaction” on regulating firearms. “Where the Supreme Court has set for the law of our Nation, as a lower court, I am bound to follow it. … 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,” he wrote.

Gun rights advocates lauded the ruling, arguing that similar bans violate the Second Amendment.

“Bans on so-called ‘assault weapons’ are immoral and unconstitutional,” said Brandon Combs, president of the Firearms Policy Coalition, according to ABC News. “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 that it threatens public safety.

“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,” Platkin stated, vowing to appeal the ruling.

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