It was another big day for the Second Amendment, Save Jerseyans.
On Tuesday, U.S. District Judge Peter Sheridan relied partly on the landmark New York State Rifle and Pistol Association v. Bruen, a SCOTUS to declare that New Jersey’s ban on the Colt AR-15 ban is unconstitutional.
“The AR-15 provision of the Assault Firearms Law is unconstitutional under Bruen and Heller as to the Colt AR-15 for use of self-defense within the home,” Judge Sheridan explained in a 69-page decision. The petitioners – including the local affiliate of the NRA – had argued that the ban infringed upon 2A-safeguarded self-defense of one’s own property.
“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. Even so, the Court’s decision today is dictated by one of the most elementary legal principles within our legal system: stare decisis,” Sheridan elaborated. “That is, where the Supreme Court has set forth 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.”
The ruling is limited, however.
“Given the variety of firearms regulated in the Assault Firearms Law and the nuances that each individual firearm presents, the court’s analysis of the assault firearms law is limited to the firearm with which the court has been provided the most information: the AR-15,” Sheridan cautioned.
AR-15 sales won’t begin imminently. Judge Sheridan also issued a 30-day stay to permit an appeal from the Murphy Administration (which Attorney General Platkin confirmed is forthcoming).
