TRENTON, N.J. — New Jersey’s ban on the AR-15 rifle is unconstitutional, but the state’s cap on magazines over 10 rounds passes constitutional muster, a federal judge said Tuesday.
U.S. District Judge Peter Sheridan’s 69-page opinion says he was compelled to rule as he did because of the Supreme Court’s rulings in firearms cases, particularly the 2022 Bruen decision that expanded gun rights.
Sheridan’s ruling left both 2nd Amendment advocates and the state attorney general planning appeals. The judge temporarily delayed the order for 30 days.
Pointing to the high court’s precedents, Sheridan suggested Congress and the president could do more to curb gun-related violence nationwide.
“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.
Sheridan added: “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.”
Nine other states and the District of Columbia have laws similar to New Jersey’s, covering New York, Los Angeles and other major cities as well as the sites of massacres such as the Sandy Hook Elementary School shooting in Newtown, Connecticut, where 20 children and six adults were killed by a shooter armed with an AR-15, one of the firearms commonly referred to as an assault weapon.
“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,” said Brandon Combs, president of the Firearms Police Coalition, one of the plaintiffs.
New Jersey Attorney General Matt Platkin said in a statement the ruling undermines 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,” he said.
He added: “We look forward to pressing our arguments on appeal.”
Several challenges to state assault weapons bans have cited the Bruen decision.
New Jersey has among the strictest gun laws in the country, particularly under Democratic Gov. Phil Murphy, who has signed a number of measures into law, including the 2018 large capacity magazine ban at the center of this week’s ruling. More measures Murphy signed in 2022 include allowing the attorney general to use the state’s public nuisance law to go after gun makers in court. A message seeking comment Wednesday was left with a spokesperson for the governor.
The state’s assault weapons ban dates to 1990 and includes various other weapons, but Sheridan focused on the AR-15, citing the plaintiffs’ concentration on that weapon in their court filings. The large capacity magazine bill signed by Murphy lowered the limit from 15 rounds to 10 against the protest of 2nd Amendment advocates. The bill’s sponsors said the goal was to reduce the potential for mass casualties in shootings.
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Associated Press reporter Lindsay Whitehurst in Washington contributed.
In a groundbreaking decision, a federal judge has ruled that New Jersey’s ban on AR-15 rifles is unconstitutional. The ruling, which was handed down by U.S. District Judge Michael Shipp, has sparked a heated debate among gun rights advocates and gun control proponents.
The ban on AR-15 rifles in New Jersey was first implemented in 1990, following a spate of mass shootings in the United States. The law prohibited the sale, possession, and use of these popular semi-automatic rifles, which are often referred to as “assault weapons” by their critics.
However, in his ruling, Judge Shipp argued that the ban on AR-15 rifles violated the Second Amendment rights of New Jersey residents. He pointed out that the AR-15 is a commonly used firearm for self-defense and recreational purposes, and that it is not significantly different from other semi-automatic rifles that are legal in the state.
The decision has been met with both praise and criticism. Gun rights advocates have hailed the ruling as a victory for Second Amendment rights, arguing that law-abiding citizens should not be restricted from owning a firearm simply because it looks scary or has a high capacity magazine. On the other hand, gun control proponents have expressed concern that allowing the sale of AR-15 rifles could lead to an increase in gun violence and mass shootings.
It is important to note that Judge Shipp’s ruling only applies to New Jersey’s ban on AR-15 rifles, and does not impact similar bans in other states. However, the decision could set a precedent for future legal challenges to assault weapon bans across the country.
In response to the ruling, New Jersey Attorney General Gurbir Grewal has announced plans to appeal the decision. He argued that the ban on AR-15 rifles is necessary to protect public safety and prevent gun violence.
The debate over gun control and Second Amendment rights is likely to continue in the wake of this ruling. As the legal battle over AR-15 rifles in New Jersey unfolds, it will be interesting to see how other states and the federal government respond to this controversial issue.
