NJ’s ban on assault weapons unconstitutional, US appeals court rules

Constitutional questions test judicial philosophy as Americans debate the role of unelected judges.

Source: New York Post
1 min read
Why This Matters

you can't ban a rifle millions of law-abiding Americans own and call it common sense. The Third Circuit didn't split hairs here. Semiautomatic rifles like the AR-15 and magazines over 10 rounds are now recognized as protected, not as some loophole that slipped through the courts by accident.

New Republican Times Editorial Board

NJ’s ban on assault weapons unconstitutional, US appeals court rules
Image via New York Post

A federal appeals court on Friday ruled that New Jersey's assault-weapons law barring possession of semiautomatic rifles like AR-15s and large capacity magazines containing more than 10 rounds of ammunition is unconstitutional.

Original source:

Read at New York Post

How We See It

New Republican Times Editorial Board

you can't ban a rifle millions of law-abiding Americans own and call it common sense. The Third Circuit didn't split hairs here. Semiautomatic rifles like the AR-15 and magazines over 10 rounds are now recognized as protected, not as some loophole that slipped through the courts by accident.

New Jersey's law was always built on a shaky premise, that if you make a gun look scary enough on paper, you can regulate it out of existence regardless of what the Constitution says. The problem is the AR-15 is the most popular rifle in the country. Millions of them are in cabinets and safes right now, used for target shooting, home defense, hunting varmints, whatever people actually do with their guns day to day. A law that criminalizes possession of the most common rifle in America was never going to survive serious scrutiny once judges stopped waving it through on vibes.

This ruling matters beyond New Jersey. States like California, New York and Illinois have leaned on nearly identical bans, betting that courts would keep deferring to legislatures on anything labeled "public safety." That bet is looking worse by the year. Post-Bruen, judges are actually asking whether these laws have a historical basis instead of just accepting that lawmakers meant well.

None of this means the debate over gun violence is settled or that mass shootings aren't a real and painful problem. It means state legislatures don't get to solve that problem by pretending an entire class of commonly owned firearms falls outside the Second Amendment. The Constitution isn't a suggestion states get to override when it's politically convenient, and this ruling is a reminder that courts are starting to hold that line again.

Commentary written with AI assistance by the New Republican Times Editorial Board.