NJ AR-15 Law Legal Update

Are AR-15’s Legal in New Jersey?

New Jersey’s gun laws top the nation as some of the authoritarian. One clear restriction is the assault weapons ban. New Jersey law prohibits the possession of assault firearms except in rare instances where the weapon has been rendered inoperable or the person has obtained a license, which is highly uncommon and reserved for a select few. Included in the ban are semiautomatic rifles capable of firing more than 10 rounds by their magazine capacity, including the popular AR-15 rifle. However, a recent U.S. District Court decision in New Jersey has substantially changed that ban, specifically with respect to the AR-15.

The U.S. District Court for New Jersey ruled on July 30, 2024, that New Jersey’s Assault Firearms Law banning the AR-15 rifle violates the Second Amendment and is, therefore, unconstitutional. The Judicial decision salvaged the law’s 10-round magazine cap, which was reduced from the previous 15-round limit in years past. Citing the ruling in New York State Rifle and Pistol Association v. Bruen (2022) and the Supreme Court’s specific pronouncement that Second Amendment case decisions should reflect the “historical tradition of firearms regulation,” the District Court Judge for the District of New Jersey removed the ban on the Colt AR-15.

Basic Information About the AR-15 Rifle

An AR-15, short for ArmaLite Rifle after its original maker, is an assault rifle designed for the military (rebranded as the M16). Its original design included a select fire option for a semiautomatic, fully automatic, or burst mode. Semiautomatic weapons have firing cartridges that can fire a bullet while chambering up the next round, though each bullet fired requires a trigger pull. Today, the Colt AR-15 (Colt bought the patent from ArmaLite) is one type of weapon, but hundreds of different AR-style versions by various manufacturers exist, all with varying calibers and components. Their attraction is the ability to swap out components in its modular construction.

Are AR-15’s Banned in New Jersey?

The AR-15 rifle is no longer banned in New Jersey. Previously, The New Jersey Assault Firearms Law banned unlicensed individuals from possessing Colt AR-15’s, along with many other weapons deemed “assault firearms,” unless the weapon has been specifically registered with the state dating back to the law change in 1990, or the assault firearm is no longer functional. The Association of New Jersey Rifle & Pistol Clubs and two others challenged the ban on the grounds that New Jersey’s ban was unconstitutional and restricted their self-defense options, and the state responded.

The plaintiffs argued that New Jersey’s automatic weapons ban is unconstitutional, but the court ruled solely on the AR-15. Writing the 69-page opinion, Judge Peter Sheridan noted that the Supreme Court’s ruling in Bruen set the precedent that bound the court’s decision. Lower court rulings must align with higher court decisions. However, the district court’s decision pertains only to the AR-15. Also, the decision preserved New Jersey’s large capacity magazine ban (over ten bullets), analogizing it to an 1800s Bowie knife ban deemed constitutional based on safety concerns. Notably, Sheridan indicated his disagreement with the Supreme Court’s restrictive ruling in Bruen and criticized legislators for not better addressing the gun violence problem in the nation. Both sides intend to appeal.

Court Ruling Declares AR-15 Ownership Legal in New Jersey

The court’s ruling allows the sale and ownership of the AR-15 after a 30-day stay pending appeals. Since the context of some of the plaintiffs’ arguments is home defense, whether the AR-15 possession extends to protection outside the home or recreational use is still being determined. Until the final appeal is over, the implications of New Jersey’s ban on the AR-15 and weapons like it are unclear. However, the current decision and legal change is significant: The Ban on AR-15’s has been deemed unconstitutional and thus, it is no longer illegal to own an AR-15 in New Jersey.

The Path Ahead for the AR-15, NJ Assault Firearms Ban, and Magazine Restrictions

Since the court’s ruling is narrow and crafted around the specific weapon of focus, the AR-15, the challenge ahead for Second Amendment Rights advocates is dismantling New Jersey’s ban on the 35 other assault firearms prohibited and listed by name in N.J.S.A. 2C:39-1w. The appellants’ appeal will most likely tackle the broad assault firearms ban and the large-capacity magazine ban. At the same time, the New Jersey State Attorney General’s Office will focus on affirming the large magazine ban and attempting to reverse the AR-15 decision on public safety grounds.

With the U.S. Supreme Court’s less restrictive interpretation of the Second Amendment, it is foreseeable that the gun rights advocates will pursue the case beyond the New Jersey State Supreme Court to the highest court in the nation if necessary. Given the fundamental shift in the environment of Second Amendment rights in the judicial branch of the United States at its highest level, the ultimate decision rendered by the Supreme Court will be highly anticipated and meaningful to those of us who protect the rights of individuals who face challenges to their 2^ND Amendment rights, as well as criminal charges for violating NJ’s unrelenting guns and weapons laws.

Given the 30-day hold on implementing the district court ruling and imminent appeals, the state’s assault weapons ban will remain uncertain for the foreseeable future. Furthermore, a successful challenge to the assault firearms ban could usher in further challenges to many other of New Jersey’s strict gun restrictions. Unless federal gun legislation comes down, many state gun laws may march through the judicial system to the Supreme Court for years to come.

Confused about the Legality of AR-15 Rifles in NJ? Contact our Attorneys

Have you been arrested recently for owning or possessing an assault weapon in New Jersey? Do you have questions and concerns about your ability to possess an AR-15 since the ban outlawing it has been overturned? Are you facing charges in conjunction with assault firearms, such as high-capacity magazine charges? Consult with a New Jersey gun defense attorney on our team about the effect of this recent ruling on your case, the legality of AR-15’s in NJ, the serious consequences of a conviction for illegal weapons of the assault variety, and how we help clients every day to fight guns and weapons charges that could detrimentally impact them for life.

Our New Jersey weapons lawyers deal with some of the strictest gun laws in the nation on a daily basis, handling firearm and weapons charges against our clients in courts statewide, including in Bergen County, Essex County, Monmouth County, Ocean County, Hudson County, and other counties. Our team knows how to defend clients facing gun law violations successfully and we are dedicated to challenging the state’s case against you. Call (201)-614-2474 to speak with one of our seasoned attorneys in a free initial consultation or contact us online today.