New Jersey's 'unconstitutional' ban on AR-15s blocked by federal judge

A federal judge ruled on Tuesday that New Jersey’s ban on AR-15 rifles is unconstitutional. Howver, US District Judge Peter Sheridan also ruled in the 69-page opinion that the state’s cap on magazines over 10 rounds can stand.

According to the New Jersey Monitor, Sheridan cited a 2022 US Supreme Court ruling Bruen which makes bans on weapons commonly used for self-defense unconsitutional. Sheridan noted that his ruling would only apply to the Colt AR-15 rifle because it was the gun "with which the Court has been provided the most information" in briefs and arguments. Plaintiffs in the case had challenged the 1990 state law banning "assault firearms," which bans more than 60 firearms in the state. 

"Based upon the Supreme Court's clear direction on this point, the AR-15 Provision of the Assault Firearms Law is unconstitutional for the Colt AR-15 for use for self-defense in the home," Sheridan wrote. He later concluded, "The AR-15 Provision of the Assault Fireanns 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 opinion, "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. Even so, the Court's decision today is dictated by one of the most elementary legal principles within our legal system: stare decisis. That is, where the Supreme Court has set forth the law of our Nation, as a lower court, I am bound to follow it."

One of the plaintiffs, the Association of New Jersey Rifle & Pistol Clubs, said the ruling was "unusual."

"While the decision is groundbreaking in that it invalidates parts of New Jersey’s assault firearms law, it mistakenly limits that ruling to the ‘Colt AR-15’ only, even though the lawsuit clearly challenges the law as to ALL assault firearms," the statement read. "Also, the ruling curiously upholds New Jersey’s magazine ban while simultaneously invalidating parts of the assault firearm law."

The other plaintiff in the case, the Firearms Policy Coalition, said that it has filed a notice of appeal in the Third Circuit, stating "Bans on so-called ‘assault weapons’ are immoral and unconstitutional."