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

A federal judge struck down a New Jersey ban on AR-15 rifles on Tuesday, ruling that the prohibition violates the U.S. Constitution.

U.S. District Judge Peter Sheridan wrote in a 69-page decision that a provision in New Jersey’s “Assault Firearms Law” banning the possession and sale of AR-15s violated the Second Amendment. The Association of New Jersey Rifle and Pistol Clubs and the Firearms Policy Coalition sued the state over the restriction and another provision banning higher-capacity magazines. 

In his decision, Sheridan pointed to Supreme Court decisions on gun regulations, including the recent Bruen decision, in which the court struck down New York’s restrictions on concealed carry, ruling that judges must consider gun control laws in the “historical tradition of firearm regulation” in the United States. 

“That is, where the Supreme Court has set forth the law of our Nation, as a lower court, I am bound to follow it,” Sheridan wrote. “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. For these reasons and those below, the AR-15 Provision of Assault Firearms Law is unconstitutional.”

Sheridan wrote that the possession of AR-15s for self-defense purposes was protected under the Second Amendment and was “inconsistent with our Nation’s historical tradition of firearm regulation.”

His decision did not strike down a ban on similar guns, like the Beretta AR-70 or the Springfield Armory BM59, that were included in the same law, saying he only heard arguments on the AR-15. 

Association of New Jersey Rifle & Pistol Clubs Executive Director Scott Bach indicated his group would appeal the ruling. 

“While the decision is mixed and certain to be appealed by both sides, it is groundbreaking in that it invalidates part of New Jersey’s ‘assault firearms’ ban — a misguided hardware ban destined to be overturned in its entirety,” he said.

The judge also ruled that a prohibition on higher capacity magazines was constitutional, rejecting the plaintiffs’ challenge on that front. He pointed to mass shootings as one reason for his decision. 

“Second, that large capacity ammunition magazines have been used in most of these mass shooting events in recent years. This relationship is impossible to ignore,” he wrote. 

Democrat New Jersey Attorney General Matthew Platkin accused the court of weaponizing the Second Amendment to “undermine public safety” and promised to appeal the decision to strike down the AR-15 ban.