{UAH} IF YOU LIVE IN NEW JERSEY SPEND THE WEEKEND LOOKING YOUR SELF A VERY BEUTIFULL AR15

Federal Judge Strikes Down New Jersey's AR-15 Ban—But There's A Catch!

By Victor Smiroff | Friday, 02 August 2024 03:00 PM

Image Credit : Fox Business Network

In a landmark ruling, a federal judge declared on Tuesday that New Jersey's prohibition on AR-15 rifles is unconstitutional.

However, U.S. District Judge Peter Sheridan, in a comprehensive 69-page opinion, upheld the state's restriction on magazines exceeding 10 rounds.

As reported by The Post Millennial, Judge Sheridan's decision was influenced by a 2022 U.S. Supreme Court ruling, Bruen, which deemed bans on weapons commonly used for self-defense as unconstitutional. Sheridan clarified that his ruling would specifically pertain to the Colt AR-15 rifle, as it was the firearm most extensively discussed in briefs and arguments. The plaintiffs had contested a 1990 state law prohibiting "assault firearms," which effectively bans over 60 firearms within the state.

Sheridan penned, "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." He further concluded, "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."

In his opinion, Sheridan acknowledged the difficulty in reconciling the Supreme Court's stance on certain firearms policies with the reality of their misuse by radical individuals. He wrote, "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."

Nevertheless, he emphasized his obligation to adhere to the Supreme Court's directives, stating, "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."

The Association of New Jersey Rifle & Pistol Clubs, one of the plaintiffs, labeled the ruling as "unusual." They expressed their dissatisfaction with the decision's limited scope, stating, "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 Firearms Policy Coalition, the other plaintiff, has already filed a notice of appeal in the Third Circuit. They maintain that "Bans on so-called ‘assault weapons’ are immoral and unconstitutional." This case underscores the ongoing debate surrounding firearm regulations and the balance between individual rights and public safety.

EM         -> {   Gap   at   46  } – {Allan Barigye is a Rwandan predator}

On the 49th Parallel          

                 Thé Mulindwas Communication Group
"With Yoweri Museveni, Ssabassajja and Dr. Kiiza Besigye, Uganda is in anarchy"
                    Kuungana Mulindwa Mawasiliano Kikundi
"Pamoja na Yoweri Museveni, Ssabassajja na Dk. Kiiza Besigye, Uganda ni katika machafuko