New Jersey AR-15 fans were handed a big victory on Tuesday, after US District Judge Peter G. Sheridan issued an order declaring that the Colt AR-15 rifle is not an “assault firearm” as defined in the New Jersey Code of Criminal Justice Section 2C:39-1, and that doing so is incompatible with recent precedent set by the US Supreme Court.
“The AR-15 Provision of the Assault Firearms Law is unconstitutional under Bruen and Heller as to the Colt AR-15 for use of self-defense within the home,” Sheridan wrote in an accompanying memorandum citing the two cases decided in 2022 and 2008 respectively.
Under the Heller decision, the right of Americans to own and keep firearms in their homes for lawful self-defense is covered under the 2nd Amendment, while Buren established a history-and-tradition-based test for owning guns.
According to Sheridan, New Jersey’s AR-15 prohibition therefore cannot stand, as it’s inconsistent with America’s historical tradition of gun regulation by banning an entire class of commonly used firearms that are used for home defense.
“In this court’s understanding of Supreme Court precedent, a categorical ban on a class of weapons commonly used for self-defense is unlawful,” he wrote.
That said, Sheridan declined to extend his determination to roughly 60 other guns defined under New Jersey law as “assault firearms,” as the court had only been fully briefed on the AR-15 and none of the other firearms on the restricted list.