New Jersey's AR-15 Ban Is Unconstitutional

https://reason.com/2024/08/01/a-fede...onstitutional/
https://apnews.com/article/new-jerse...9faad6c273be09

The decision shows that the Supreme Court has forced judges who like gun control to respect the Second Amendment anyway.

Despite his personal policy preferences, Sheridan thinks it is clear that the AR-15 qualifies as a weapon "in common use" for "lawful purposes like self-defense"-the sort of arms that the Supreme Court has said are covered by the Second Amendment.

"It is hard to accept the Supreme Court's pronouncements that certain firearms policy choices are 'off the table' when frequently, radical individuals possess and use these same firearms for evil purposes," he says. "Even so, the Court's decision today is dictated by one of the most elementary legal principles within our legal system: stare decisis. That is, where the Supreme Court has set forth the law of our Nation, as a lower court, I am bound to follow it. This principle-combined with the reckless inaction of our governmental leaders to address the mass shooting tragedy afflicting our Nation-necessitates the Court's decision."

It should NEVER be a felony with mandatory prison for simple possession of any common firearm absent any intent to commit crimes. If a state wishes to prohibit possession of a specific firearm, simply charge them with a misdemeanor, confiscate the firearm, and give them a fine. Nobody needs to go to prison over something like that, it's ridiculous... especially when gang members committing armed robberies are bailed out the same day to commit more crimes or flee the state.

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Originally Posted by Clint45

If a state wishes to prohibit possession of a specific firearm, simply charge them with a misdemeanor, confiscate the firearm, and give them a fine.

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So, do you support government confiscation of any and all personal property or just specific property?

Is this the ruling where the judge decided that AR15s themselves are in common use and the ruling only applies to AR15s? All other so called assault rifles would still be considered illegal until some point in time where that specific rifle is deemed to be in common use.

Quote:

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Originally Posted by Clint45

It should NEVER be a felony with mandatory prison for simple possession of any common firearm absent any intent to commit crimes.

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No, let me make it even simpler...

"Nothing should be a crime that doesn't have a victim."

O2

Quote:

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Originally Posted by def90

Is this the ruling where the judge decided that AR15s themselves are in common use and the ruling only applies to AR15s? All other so called assault rifles would still be considered illegal until some point in time where that specific rifle is deemed to be in common use.

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"The information presented to the Court focuses largely on one specific type of firearm: the AR-15," Sheridan writes. "And given the variety of firearms regulated in the Assault Firearms Law and the nuances that each individual firearm presents, the Court's analysis of the Assault Firearms Law is limited to the firearm with which the Court has been provided the most information: the AR-15."