Federal judge rules that New Jersey's assault weapons ban is unconstitutional

By 
 August 1, 2024

In a development that is sure to leave Democrats livid, a federal judge has just found New Jersey's assault weapons ban to be unconstitutional. 

According to the New York Post, that decision came on Tuesday in the form of a 69-page opinion issued by U.S. District Judge Peter Sheridan.

Judge cites 2022 Supreme Court ruling

The Post noted that Sheridan pointed to the Supreme Court's landmark 2022 ruling in New York State Rifle & Pistol Association, Inc. v. Bruen.

A majority opinion authored by Justice Clarence Thomas explained that for gun laws to pass constitutional muster, they must be analogous to regulations which existed in the Founding era.

"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," the judge wrote.

Yet 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."

Pro-gun group welcomes ruling

While Sheridan found that the state's ban on semiautomatic firearms with certain features violated the Constitution's Second Amendment, he did allow its 10-round magazine limit to stand.

What's more, he also issued a 30-day temporary stay on his order so as to allow both plaintiffs and defendants to prepare for appeals.

Tuesday's decision was welcomed by Brandon Combs, who serves as president of the Firearms Policy Coalition (FPC). His organization was one of the plaintiffs challenging New Jersey's gun ban.

"Bans on so-called 'assault weapons' are immoral and unconstitutional. FPC will continue to fight forward until all of these bans are eliminated throughout the United States," Combs was quoted as saying in a statement.

Democratic congressman calls decision "outrageous"

Meanwhile, New Jersey Attorney General Matt Platkin released a statement of his own which claimed that Sheridan's ruling poses a threat to the public.

"The AR-15 is an instrument designed for warfare that inflicts catastrophic mass injuries, and is the weapon of choice for the epidemic of mass shootings that have ravaged so many communities across this nation," he declared before adding, "We look forward to pressing our arguments on appeal."

New Jersey Democratic Rep. Frank Pallone spoke up as well, denouncing Tuesday's decision as "outrageous" while calling the AR-15 "a weapon of war."

The Post observed that New Jersey is not the only state to ban many types of semi-automatic weapons, with ten other jurisdictions having similar laws.

" A free people [claim] their rights, as derived from the laws of nature."
Thomas Jefferson