Friday, August 02, 2024

Fed Judge: AR is NOT an "Assault Weapon"

You can safely bet your house that this will be appealed.

...“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.”...

Although he used the name "Colt," the judge included ALL AR manufacturers in the ruling. 

...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....

New Jersey, the (losing) defendant here, will appeal this all the way up the chain, and is likely to garner financing from other extreme-Left AG's around the country, not to mention Mike Bloomberg and his pack of twits.

1 comment:

Grim said...

Yeah, the AR-15 is currently the weapon that enjoys the greatest protection from all three SCOTUS rulings on the 2A.

They might appeal it, but it's going to the same SCOTUS that ruled on Bruen and Heller. They might not want a nationwide, binding ruling on whether the AR-15 can be banned.