Yes, New Jersey Can Ban the AR-15. Here’s Why
Lower court judges may think their hands have been tied by the Supreme Court’s ruling in Bruen. But they’ve been wrong before.
Not a self-defense weapon.
Photographer: Joe Raedle/Getty ImagesDoes a state have the power to ban the AR-15 semiautomatic rifle owned by millions of Americans, favored by mass shooters, and recently used in the attempted assassination of former President Donald Trump? A federal district court judge thinks that the answer is no because of the Supreme Court’s Second Amendment jurisprudence. This week, he struck down New Jersey’s long-standing ban on the weapons as unconstitutional. The outcome, he said, was compelled by the justices’ notorious 2022 decision in New York State Rifle & Pistol Association v. Bruen.
The ruling on New Jersey’s ban will be appealed and could well reach the Supreme Court, giving the justices a chance to interpret their own recent precedent. If they’re pragmatic, they’d find a way to allow such state bans. If they’re radical, they’ll make AR-15 ownership a fundamental right of all Americans.