A federal judge ruled New Jersey’s AR-15 ban is unconstitutional.

However, the Associated Press noted the ruling upheld the “state’s cap on magazines over 10 rounds.”

The ruling applies solely to the Colt AR-15 and allows “for use of self-defense within the home.”

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U.S. District Court Judge Peter Sheridan said “he was compelled to rule as he did because of the Supreme Court’s rulings in firearms cases,” the Associated Press stated.

The 2022 Bruen decision reportedly played a significant role.

New Jersey Attorney General Matthew Platkin, a Democrat, expressed his disappointment in the decision to uphold the inalienable right to self-defense.

“Today’s decision weaponizes the Second Amendment to undermine public safety. I am disappointed that the district court has held that individuals have a constitutional right to possess the Colt AR-15, a ruling that has no support in the text or the history of the Constitution,” Platkin said in a statement.

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From the Associated Press:

Sheridan’s ruling left both 2nd Amendment advocates and the state attorney general planning appeals. The judge temporarily delayed the order for 30 days.

Pointing to the high court’s precedents, Sheridan suggested Congress and the president could do more to curb gun-related violence nationwide.

“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,” he wrote.

Sheridan added: “Where the Supreme Court has set for the law of our Nation, as a lower court, I am bound to follow it. … This principle — combined with the reckless inaction of our governmental leaders to address the mass shooting tragedy afflicting our Nation — necessitates the Court’s decision.”

nj.com reports:

The judge’s ruling concerned dual challenges to New Jersey’s Assault Firearms Law, enacted in 1990, and a 2018 law signed by Gov. Phil Murphy that limited magazine sizes to 10 rounds.

While Sheridan ruled the AR-15 ban unconstitutional under the new Supreme Court rulings, he upheld the state’s large-capacity magazine ban under the same framework.

The Supreme Court’s ruling “forbade a complete prohibition on a class of gun ownership,” he wrote, noting that AR-15 rifles are commonplace in gun-friendly states.

But the judge’s ruling only applies to the Colt model because of the “variety of firearms regulated in the Assault Firearms Law and the nuances that each individual firearm presents” and because the evidence in this case concerned the AR-15.

The gun rights groups, including the New Jersey Association of Rifle and Pistol Clubs and the national Firearms Policy Coalition, filed notice appealing the judge’s ruling upholding the magazine ban, court records show.

 

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