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

By: Beth Moreton | Published: Aug 23, 2024

New Jersey has become the latest state to try and place a ban on AR-15 rifles. With gun associations disproving these laws and taking the matter to court, these new laws are continuously found to be unconstitutional.

However, state officials argue that the purchase and use of these guns threaten public safety. But how will the lifting of this ban affect you?

Maryland’s Ban on AR-15s

The attempted ban of AR-15s in New Jersey isn’t a new issue, as Maryland had previously tried to do the same thing but was prevented from doing so in similar circumstances.

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A black AR-15 on top of a wooden tree stump.

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Maryland had also cited the need for public safety in defense of the ban. Still, with gun advocate groups making a solid case that the ban was unnecessary, the Supreme Court agreed due to it, going against the Second Amendment.

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The Second Amendment

The Second Amendment of the U.S. Constitution clearly states that it is the right of U.S. citizens to bear arms and that this shouldn’t be infringed upon as it would affect people’s rights.

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A light brown AR-15 against a wooden background.

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Any sort of ban on guns can be seen as an infringement of this right. While some people would be entirely in favor of this ban due to safety concerns, others don’t want their rights being taken away and will continue to fight them.

New Jersey Attempted to Ban AR-15s

When the state of New Jersey made an earlier attempt to ban AR-15s, citing public safety as the main reason for this, gun rights activists immediately went against it and took the issue to court.

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A black AR-15 on top of a black case.

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In a ruling by a federal court judge, the ban on AR-15s has been deemed unconstitutional, primarily due to the 2022 Bruen decision that expanded gun rights.

Magazine Capacity Has Been Limited

Despite AR-15s still able to be purchased and used, the use of magazines alongside these rifles has been limited. Gun users now have a magazine capacity of 10 rounds.

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Nine bullets ready to be loaded into a gun.

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However, gun rights activists and New Jersey officials want to appeal the decision, so the ruling has been paused for 30 days to give both parties the chance to get the right legal advice.

New Jersey Has Strict Gun Laws

New Jersey is a state with one of the strictest sets of gun laws across the U.S. Governor Phil Murphy has signed various gun laws, such as the ban on large-capacity magazines in 2018.

A black AR-15 against a wooden tree stump.

Source: STNGR LLC/Unsplash

There have been bans on assault weapons in the Garden State since the early 1990s. However, gun advocate groups have been trying their hardest to overturn these decisions due to disagreeing with them. 

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Gun Advocate Groups Opinions

There is a difference of opinion between gun advocate groups and the state officials wanting to introduce the ban. The gun advocate groups believe this law would be “immoral and unconstitutional.”

A black AR-15 on top of a wooden tree stump.

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The groups have also said that they are going to continue to fight on this issue until all gun bans have been lifted throughout the U.S., according to the president of the Firearms Policy Coalition.

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Undermining Public Safety

New Jersey officials have a different opinion. New Jersey Attorney General Matt Plutkin has said that the federal court’s decision is “undermining public safety” because of the AR-15’s purpose.

A black AR-15 on top of a wooden block of wood.

Source: STNGR LLC/Unsplash

The AR-15 was designed for warfare, inflicts mass injuries and is the primary weapon of choice when an individual or group of people intend to carry out a mass shooting, resulting in the deaths of many individuals across the U.S. 

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Following the Supreme Court’s Principle

As this was a federal court ruling, Judge Peter Sheridan had to follow the principle set by the Supreme Court due to it setting the law for the nation.

The outside of the Supreme Court. Flags fly outside the building next to some bushes.

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However, Judge Sheridan did point out that he believes more needs to be done when it comes to gun laws, as mass shootings regularly affect the U.S. He believes that Congress and the President need to do more to prevent this from happening.

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Joe Biden Had Vowed to Ban AR-15s

Even though he is now out of the Presidential election race, Joe Biden had vowed to place a ban on the purchase and sale of AR-15s. This came after Donald Trump was shot at with one of these styles of guns.

An official portrait of Joe Biden, with the U.S. flag behind him.

Source: The White House/Wikimedia Commons

Now that he is out of the running, it is unknown whether Kamala Harris plans to carry over this promise. If she does and ends up becoming President, this could mean a complete ban on AR-15s nationwide.

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States Affected by Mass Shootings

The states that have tried to ban AR-15s are most commonly those that have been affected by mass shootings. This includes New York, California and the District of Columbia.

A light brown AR-15 against a dark wooden background.

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One particularly harrowing mass shooting was the Sandy Hook Elementary School shooting, where 20 children and six adults were killed by a shooter using an AR-15. As these are classed as an assault weapon, many people are keen for them to be banned for good.

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The Constitution vs. Public Safety

It’s very clear that the main issue with guns comes down to following the Constitution over concerns for public safety, and many would argue that more needs to be done about it.

A black AR-15 on top of some green leaves.

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While some state governments are anti-gun and want to impose some bans, this issue goes far beyond the state level. More needs to be done at a national level to examine how the Constitution can still be upheld while maintaining public safety to keep both sides happy. 

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