Federal Judge Rules New Jersey’s Ban on AR-15 Rifles Unconstitutional

TRENTON, N.J. — A federal judge stated on Tuesday that New Jersey’s prohibition of the AR-15 rifle is against the constitution, but the state’s restriction on magazines over 10 rounds complies with constitutional standards.

According to U.S. District Judge Peter Sheridan’s 69-page decision, he felt compelled to make this ruling based on the Supreme Court’s decisions in firearms cases, notably the 2022 Bruen ruling that expanded gun rights.

Both advocates for the 2nd Amendment and the state’s attorney general are planning to appeal Sheridan’s decision. The judge has postponed the order for 30 days.

Referring to the Supreme Court’s precedents, Sheridan indicated that Congress and the president could take additional steps to reduce gun-related violence nationwide.

“It is challenging to acknowledge the Supreme Court’s assertions that specific firearms policy choices are ‘off the table’ when individuals with extreme views frequently possess and utilize these same firearms for malicious intents,” he stated.

Sheridan added: “As a lower court, I am obligated to follow the law of our Nation as set by the Supreme Court. … This principle, along with the irresponsible inaction of our government leaders in addressing the tragic mass shooting incidents affecting our nation, necessitates the Court’s decision.”

Nine other states and the District of Columbia have regulations similar to those of New Jersey, encompassing New York, Los Angeles, and other major urban centers as well as locations of tragedies 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 known as an assault weapon.

“Prohibitions on so-called ‘assault weapons’ are unethical and unconstitutional. FPC will persist in its efforts until all such bans are eradicated across the United States,” stated Brandon Combs, president of the Firearms Policy Coalition, one of the plaintiffs.

New Jersey Attorney General Matt Platkin expressed in a statement that the ruling jeopardizes public safety.

“The AR-15 is a tool intended for warfare that causes catastrophic mass harm and is the preferred weapon in the wave of mass shootings that have devastated numerous communities throughout this country,” he remarked.

He added: “We anticipate presenting our arguments during the appeal process.”

Numerous challenges to state bans on assault weapons have referenced the Bruen ruling.

A gun rights organization has contested Connecticut’s significant 2013 gun control legislation, enacted following the Sandy Hook Elementary School shooting, which prohibits assault weapons, including specific AR-15-style rifles and high-capacity magazines. Last year, a federal judge dismissed a petition by the National Association for Gun Rights to temporarily halt the law while legal proceedings are ongoing, and an appeal of that ruling is pending in a federal appeals court.

New Jersey has among the most rigid gun regulations in the nation, particularly under Democratic Governor Phil Murphy, who has endorsed several laws, including the 2018 ban on large capacity magazines that is central to this week’s ruling. Additional measures signed by Murphy in 2022 involve granting the attorney general the authority to utilize the state’s public nuisance statute to pursue legal action against gun manufacturers.

Murphy expressed concerns about the ruling on Wednesday and expressed optimism that the “dangerous ruling” would be overruled during the appeal process.

“For far too long, these weapons — which are more suited for a battlefield than the streets of New Jersey — have tragically separated mothers, fathers, daughters, and sons from their loved ones,” Murphy mentioned in an email.

The state’s prohibition on assault weapons dates back to 1990 and encompasses various other firearms, but Sheridan concentrated on the Colt AR-15, citing the plaintiffs’ focus on that weapon in their legal documents, as well as the law’s specification of that particular make of rifle. Murphy’s signing of the bill on large capacity magazines reduced the limit from 15 rounds to 10 despite opposition from advocates of the 2nd Amendment. The bill’s sponsors aimed to decrease the potential for mass casualties in shooting incidents.

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Contributions were made by Associated Press reporters Lindsay Whitehurst in Washington and David Collins in Hartford, Connecticut.