Gun-control advocates are facing a setback as a judge’s decision could overturn a long-standing prohibition on popular sporting rifles.
U.S. District Judge Peter Sheridan’s ruling on Tuesday, based on previous Supreme Court judgments, addressed two lawsuits challenging New Jersey’s ban on so-called assault weapons in a combined decision.
While the state’s Assault Firearms Law lists several specific semi-automatic firearms, the judge focused solely on the AR-15, which is widely popular and falls under the modern sporting rifle category.
The law also prohibits other types of weapons like “street sweeper” shotguns and unusual firearms not commonly found in civilian possession.
Despite the statute specifically mentioning Colt-manufactured AR-15s, the judge’s ruling applies to all rifles of the AR-15 type, regardless of manufacturer.
“Plaintiffs challenge the Assault Firearms Law as unconstitutional,” Sheridan wrote in his decision. “For the reasons stated previously, this analysis focuses on the AR-15 Provision of the Assault Firearms Law. Under Heller, while the Supreme Court stated that the Second Amendment right is not unlimited, the Supreme Court forbade a complete prohibition on a class of gun ownership.
“Guided by this decision, and for the reasons below, the AR-15 Provision of the Assault Firearms Law which prohibits the use of the Colt AR-15 for the use of self-defense within the home does not pass constitutional muster when applying the Bruen standard.”
The Bruen and Heller decisions establish criteria to assess the suitability of a firearm for self-defense and its common usage by the public. As anticipated, Sheridan determined that the AR-15 met both of these legal standards, deeming it to be commonly used for self-defense and ruling New Jersey’s ban on it as an “assault firearm” unconstitutional.
“State Defendants’ argument fails because, like in Heller, the Assault Firearms Law categorically bans a type of weapon that is commonly used for self-defense,” Sheridan asserted.
“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.”
Although the ruling does not address the numerous other firearms regulated by New Jersey’s comprehensive gun ban law, it represents a positive step in preserving Americans’ Second Amendment rights against those seeking to undermine them. However, every silver lining has its cloud, and Sheridan’s ruling is no different.
The judge’s decision to deem the AR-15 a widely used and lawful firearm also included the affirmation of state-regulated bans on “large capacity magazines.”
It appears that the judge may have succumbed to prevalent fear-mongering tactics, citing the undeniable link between these magazines and mass shootings.
There is a shift in the balance of Americans’ Second Amendment rights, and it seems that further rulings of this nature are on the horizon.
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