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In a big ruling this week, a U.S. District Court declared New Jersey’s ban on AR-15 rifles unconstitutional while upholding the state’s restriction on “large-capacity” magazines (LCMs).
AR-15 Ban Overturned
The court found New Jersey’s ban on ARs violates the Second Amendment. The plaintiffs, including the Association of New Jersey Rifle and Pistol Clubs, argued the ban infringed on their right to bear arms for self-defense.
The court agreed, citing that AR-15 rifles are commonly owned — the court noted there were roughly 24 million in circulation — and used for lawful purposes, including home defense.
In his 69-page opinion, Judge Peter G. Sheridan stated, “Plaintiffs have shown that AR-15s are well-adapted for self-defense,” later adding that “the AR-15 Provision of the Assault Firearms Law is unconstitutional for the Colt AR-15 for use for self-defense in the home.”
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This decision follows the precedent set by the Supreme Court in District of Columbia v. Heller, which recognized an individual’s right to possess firearms for lawful purposes such as self-defense.
Firearms Policy Coalition (FPC), a plaintiff in the case, praised the decision on X.com.
“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 FPC President Brandon Combs.
The FPC has filed a notice of appeal to the Third Circuit to address legal deficiencies in the Court’s opinion and seek the full relief requested.
New Jersey, meanwhile, is expected to file its own appeal.
Magazine Limits Upheld
However, the court upheld New Jersey’s law restricting LCMs to ten rounds, citing public safety concerns.
The plaintiffs challenged this restriction, arguing it was an undue burden on their Second Amendment rights.
The court, however, found the law constitutional, stating it strikes a balance between individual rights and reducing the potential harm in mass shootings.
The ruling noted, “State may regulate the permissible capacity of the large capacity magazines.”
Background of the Case
This decision stems from consolidated cases challenging New Jersey’s Assault Firearms Law. The plaintiffs argued that both the AR ban and the LCM restriction were unconstitutional.
The court heard arguments in April 2024 and considered historical context, the Second Amendment’s scope, and public safety data.
Looking Ahead
As mentioned, both sides are going to appeal, setting the stage for further judicial scrutiny. So, as always, stay tuned for updates!
For more details, the court’s opinion can be found at firearmspolicy.org/cheeseman.
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The judge should not say that “assault weapons” cannot be banned because of stare decisis and the Supreme Court rulings in Heller but then uphold the LCM ban using interest balancing which the Bruen ruling threw out; stare decisis applies there too. In fact, the only constitutionally valid law on magazine size would be to set a minimum size of 24 or greater as per the Militia Act of 1792.
How did this “safe” 10-round decision come about? Sounds as unscientific as Fauci’s “6 feet of social distancing.”