(The Center Square) — A federal judge has struck down part of New Jersey’s “assault” weapons ban with a ruling that the state’s restrictions on certain AR-15 style rifles are unconstitutional.
In his ruling, U.S. District Judge Peter Sheridan said New Jersey residents have a legal right to purchase and keep a Colt AR-15 rifle for home defense, siding with gun rights groups who sued to overturn the restrictions.
Sheridan cited the U.S. Supreme Court’s landmark 2022 ruling that struck down a New York law setting strict limits on who could carry a firearm in public, which requires courts to consider modern-day gun restrictions based on the historical limits on firearms. He also chided what he called “the reckless inaction of our governmental leaders to address the mass shooting tragedy afflicting our nation.”
“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 in the ruling. “Where the Supreme Court has set forth the law of the nation, I am bound to follow it.”
The ruling upheld other sections of New Jersey’s assault weapons ban, including restrictions on large-capacity magazines. It also doesn’t impact other prohibited “assault” rifles covered under the state’s ban.
New Jersey Attorney General Matthew Platkin blasted the decision on AR-15s, which he said “weaponizes the Second Amendment to undermine public safety.” He vowed to appeal the ruling, which he said 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,” Platkin, a Democrat, said in a statement.
The lawsuits were filed by the Association of New Jersey Rifle, Pistol Clubs and Firearms Policy Coalition on behalf of gun owners who argue the state’s ‘assault’ weapons ban violates the Second Amendment and the Supreme Court’s decision in the N.Y. State Rifle and Pistol Association v. Bruen case.
“At its core, New Jersey’s regulatory scheme blatantly violates the fundamental rights of the state’s law-abiding citizens to keep and bear arms in common use for self-defense and other lawful purposes,” lawyers for the plaintiffs wrote in the lawsuit.
New Jersey has some of the toughest gun control laws in the nation, including mandated background checks, restrictions on high-capacity magazines and high-caliber weapons. It also has a ‘red flag’ law that allows authorities to confiscate firearms from those who are determined to pose a threat to themselves or others.
Last year, Democratic Gov. Phil Murphy signed a bill that prevents licensed firearm owners from carrying guns in at least 25 “sensitive places” like government buildings, libraries, public transportation and day care centers. Second Amendment groups challenged the measure, but a federal appeals court upheld the restrictions.
Despite the state’s tough gun control laws, criminals are still getting firearms into New Jersey through illegal sales, officials say. They point to data from the federal Bureau of Alcohol, Tobacco, Firearms and Explosives showing that in 2021, only 520 of the 3,202 “crime guns” confiscated by police were originally bought in New Jersey.
