Judge Strikes Down AR-15 Ban as Unconstitutional

(ProsperNews.net) – A New Jersey Judge has slammed another Democrat-controlled state’s attempt to overreach on the Second Amendment by declaring the Colt AR-15 semi-automatic rifle ban unconstitutional. Judge Peter Sheridan used Heller (2008) and Bruen (2022) in his ruling, writing that the state’s 1990 ban under its Assault Firearms Law unconstitutionally banned the Colt AR-15.

Sheridan simultaneously refused to declare that other brands of rifle were also unconstitutional, angering the gun rights advocates who brought the suit. He also upheld a provision of the same law which outlawed so-called “high capacity magazines” which contain more than 10 rounds.

New Jersey Democratic Attorney General Matt Platkin will appeal the ruling, but Sheridan wrote at length about how Heller (2008) and Bruen (2022) changed the field when it came to gun law and the U.S. Constitution. The Supreme Court in each case determined that firearms commonly used for home defense cannot be outlawed by state laws.

Sheridan also wrote at length about his concern for semi-automatic rifles being used in mass shootings, which detailed his personal bias on the subject. He wrote that he felt compelled and restrained by the Supreme Court’s precedents on the subject to make this specific weapon available. He also wrote that the reason he chose the Colt was due to the abundance of information made available in court filings about the weapon. He said that it had the most information.

The plaintiffs weren’t happy with the ruling, despite having a victory. Gun rights advocates, including gun shop and club owners and state groups, brough the suits against the state of New Jersey to challenge the ban. They plan to appeal to push for the legalization of all semi-automatic rifles in New Jersey, as well as the right to use magazines of whatever size they desire.

Plaintiffs called the decision “unusual” and questioned how only one particular weapon could be valid with others still off the table. Platkin will challenge the ruling at the same time, attempting to reinstigate the ban across the board.

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