New Jersey ban on semiautomatic weapons ruled unconstitutional
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New Jersey ban on semiautomatic weapons ruled unconstitutional
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New Jersey’s ban on so-called assault firearms and magazines that hold more than 10 rounds has been deemed unconstitutional.
This decision came July 17 from the Third Circuit in Philadelphia, making it the first time a federal appeals court declared New Jersey in violation the Second Amendment.
New Jersey is known for having some of the country’s strictest gun control laws. The state’s ban on firearms characterized as assault weapons has been in place since 1990.
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Assault weapons, as defined by the state, include:
Named firearms such as an AR-15, AK-47 or any MAC-variant gun.
Semiautomatic rifles that can accept a detachable magazine and may feature a grenade launcher or bayonet mount, among other things.
Semiautomatic pistols that can accept a detachable magazine and may feature a weight more than 50 ounces or silencer, among other things.
Semiautomatic shotguns that may feature a protruding pistol grip, or folding stock, among other things.
Large-capacity magazine bans came from former Gov. Phil Murphy after mass shootings around the country in 2018.
In the court opinion, it was noted that the state’s ban on all semiautomatic rifles and firearms, such as the AR-15 and AK-47, is unconstitutional. Restrictions on large-capacity ammunition magazines were also found to violate the Constitution.
The ruling — which came after a 10-5 vote — has been met with mixed opinions from lawmakers and advocacy organizations.
John Commerford, the executive director of the National Rifle Association (NRA) Institute for Legislative Action, called the ruling a “historic victory for the NRA, the Second Amendment and law-abiding Americans.”
New Jersey Attorney General Jennifer Davenport, meanwhile, called the court decision “as unfortunate as it is legally incorrect.”
“Assault weapons and large capacity magazines play a dangerous role in the modern epidemic of mass shootings, and New Jersey acted reasonably and lawfully in restricting them,” Davenport said in a statement.
New Jersey Gov. Mikie Sherrill echoed these sentiments, saying that the decision “will make New Jersey communities less safe.” She went on to cite her time in the Navy and her role as a parent as reasons why she believes “weapons of war do not belong on the Streets of New Jersey.”
“This decision is not only legally wrong, it’s completely out of step with parents and the people of the Garden State,” Sherrill continued. “Our commonsense gun safety laws have saved lives and protected communities — and shootings have declined for the last three years.
“We will not back down from extreme, right-wing attempts to weaken the laws of New Jersey.”
Risha Inaganti writes about trending topics across South Jersey for the Courier-Post. If you have a story she should tell, email her at [email protected]. Subscribe to stay up to date on the news you need.
