Judge Finds New Jersey Ban on AR-15s Unconstitutional - Greenlights Massive Sales in 3, 2, 1...

It truly is incredible that we need mental gymnastics and tons of paperwork every year defending God-given right to keep and bear arms that is not to be infringed and yet, our servants think they have authority over us to keep us from purchasing said arms?  Nope, and we don’t even need a judge’s ruling to know and uphold this, but we got one in New Jersey.

Courthouse News Service reports:

(CN) — A federal judge on Tuesday ruled that New Jersey’s ban on the AR-15 violates the Second Amendment of the U.S. Constitution.

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U.S. District Judge Peter Sheridan, a George Bush appointee, cited recent Supreme Court rulings when shooting down New Jersey’s ban on the infamous rifle — including New York State Rifle and Pistol Association v. Bruen, a 2022 landmark decision that forces judges to view Second Amendment law in light of the “historical tradition of firearm regulation” as opposed to consideration of the public good.

“The AR-15 provision of the Assault Firearms Law is unconstitutional under Bruen and Heller as to the Colt AR-15 for use of self-defense within the home,” Sheridan wrote in his 69-page ruling.

The law was initially challenged by the Association of New Jersey Rifle & Pistol Clubs, a Second Amendment advocacy group, and two Garden State gun owners, who claimed that the state’s assault weapons ban limited their constitutional options for home defense.

The plaintiffs appeared to take issue with the entirety of New Jersey’s ban on assault weapons, but Sheridan ruled that since a majority of their arguments focused solely on the AR-15, then that was the only weapon he could definitively rule on.

“Given the variety of firearms regulated in the Assault Firearms Law and the nuances that each individual firearm presents, the court’s analysis of the assault firearms law is limited to the firearm with which the court has been provided the most infonnation: the AR-15,” Sheridan wrote.

That means, for now, that New Jersey’s ban on rifles similar to the Colt AR-15 is still fair game. 

Sheridan’s Tuesday ruling comes after the Bruen decision — which has been viewed as a massive roadblock for gun regulation — remanded this case for rehearing in 2022. In his order, the judge begrudged the Supreme Court’s new standards on Second Amendment issues like this one, but acknowledged that he must nonetheless follow the high court’s precedents.

“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,” Sheridan wrote. “Even so… where the Supreme Court has set forth the law of our nation, as a lower court, I am bound to follow it.”

New Jersey Attorney General Matthew Platkin lamented Sheridan’s Tuesday ruling as one that could threaten the safety of state residents.

“Today’s decision weaponizes the Second Amendment to undermine public safety,” Platkin said in a statement. “I am disappointed that the district court has held that individuals have a constitutional right to possess the Colt AR-15, a ruling that has no support in the text or the history of the constitution. 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.”

But it wasn’t a clean sweep for the Association of New Jersey Rifle & Pistol Clubs, which was also challenging the state’s ban on large-capacity magazines capable of holding more than 10 bullets.

Sheridan found Tuesday that, “in contrast, the LCM amendment is constitutional” under Supreme Court precedent. He likened the magazines’ restrictions to that of the Bowie knife in the 1800s, which were banned because of their widespread use in crime and constitutionally upheld.

“Once Bowie knives’ potential misuse became apparent, restrictions were enacted in all other states or territories — with the exception of New Hampshire — within the next few decades and up until the 20th century,” Sheridan wrote. “Like these restrictions, the LCM amendment is precisely that — a restriction responding to safety concerns present in our time.”

The judge noted that “all mass shootings between 2019 and 2022” involved the use of LCMs, posing enough of a public risk for them to be banned without interfering with the Second Amendment’s right to self-defense.

Attorney General Platkin commended that part of the ruling.

“The district court thankfully upheld our restriction on large-capacity magazines, and did not allow individuals to possess any other prohibited assault weapons,” Platkin said in his statement.

Even after Sheridan’s order, New Jerseyans won’t be able to rush out to buy AR-15s just yet. The judge imposed a 30-day stay to give the state a chance to appeal, which Platkin indicated he would be doing.

“We remain committed to defending the entirety of our firearms law, one our legislature adopted decades ago and that has protected New Jerseyans ever since,” Platkin said. “We look forward to pressing our arguments on appeal.”

Scott Bach, the executive director of the Association of New Jersey Rifle & Pistol Clubs, said his side is planning to appeal as well.

“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,” Bach said in a statement Tuesday.

Article posted with permission from Sons of Liberty Media