Gun-Grabbers Lose Big as Judge Rules AR-15 Is Not an ‘Assault Firearm’
“Plaintiffs challenge the Assault Firearms Law as unconstitutional,” Sheridan wrote in his decision. “For the reasons stated previously, this analysis focuses on the AR-15 Provision of the Assault Firearms Law. Under Heller, while the Supreme Court stated that the Second Amendment right is not unlimited, the Supreme Court forbade a complete prohibition on a class of gun ownership.
“Guided by this decision, and for the reasons below, the AR-15 Provision of the Assault Firearms Law which prohibits the use of the Colt AR-15 for the use of self-defense within the home does not pass constitutional muster when applying the Bruen standard.”
The standards the Bruen and Heller decisions cover test whether the firearm can and will be for self-defense, and whether the weapon is in “common use” by the public.
As could be expected, Sheridan found the AR-15 to meet both of these court tests, ruling the popular firearm to be in common use for self-defense and making New Jersey’s ban on it as an “assault firearm” an unconstitutional prohibition.
“State Defendants’ argument fails because, like in Heller, the Assault Firearms Law categorically bans a type of weapon that is commonly used for self-defense,” Sheridan asserted.
“Based upon the Supreme Court’s clear direction on this point, the AR-15 Provision of the Assault Firearms Law is unconstitutional for the Colt AR-15 for use for self-defense in the home.”
