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. 

Trump: ‘They Took The Presidency Away From’ Biden ‘Like He Was A Child’

Republican presidential nominee Donald Trump accused Democrats of orchestrating a “coup” on President Joe Biden, saying, “They took the presidency away from him like he was a child.”

Trump made the comments to Fox News host Laura Ingraham during an in-depth interview that aired on Monday, and the clip of his remarks about Biden being overthrown by Democrats circulated on social media on Tuesday evening.

“I’m the opposite of a threat to democracy,” Trump said. “They’re a threat to democracy. I mean, look at what they just did. They just took over the presidency. This was a coup. Biden is a very angry man right now, you know that.”

“They took the presidency away. His wife didn’t want it to happen. They took the presidency away like he was a child,” Trump added.

PRESIDENT TRUMP: I’m the opposite of a threat to democracy. They’re a threat to democracy.

I mean, look at what they just did: They took over the presidency.

This was a coup. Biden is a very angry man right now.

They took the presidency away like he was a child. pic.twitter.com/t19T2kFTyp

— Trump War Room (@TrumpWarRoom) July 31, 2024


Ingraham asked Trump who he believes is calling the shots in the White House after Biden dropped out of the presidential campaign amid concerns about his mental and physical capabilities.

“A group of people that are fascists, communists, Marxists. They circle the beautiful resolute desk in the Oval Office,” Trump replied.

“You’re saying Biden isn’t making any of the big decisions?” Ingraham pressed.

“I don’t think so, no. I don’t think he knows he’s alive,” Trump said, according to Fox News.

During the first part of Trump’s interview with the Fox News host that aired on Monday night, Trump discussed a possible debate against Vice President Kamala Harris after she took Biden’s place as the presumptive Democratic presidential nominee.

“The answer is yes, I’ll probably end up debating,” Trump told Ingraham. “I think, actually, the debate should take place before the votes start being cast. I had a very good second debate against Biden [in 2020]. I really beat him badly. The problem was 30-40% of the votes were already cast.”

“So the answer is yes, but I can also make a case for not doing it [debating],” he continued, adding, “I want to do a debate, but I also can say this: Everybody knows who I am. And now people know who she is.”

Harris has cemented her position among her party’s elite as the top choice to run against Trump despite voters picking Biden in the Democratic primary. Shortly after Biden dropped out of the race, he endorsed Harris to run in his place. The vice president is expected to be formally crowned as the Democrats’ nominee during the party’s convention in Chicago, which begins on August 19.

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