Say it louder for those in the back of the room: “The days of arbitrary and politically motivated firearm bans are waning, and the Second Amendment community will not rest until the entire sorry gun control apparatus is gone in every state.”
On Friday, the en banc 3rd Circuit Court of Appeals dealt a lethal blow to New Jersey’s prohibitions of AR-15s and similar models, as well as the state’s ban on magazines that may hold over 10 rounds.
In the coming months and years, the effects of the Philadelphia-based court’s decision in Cheeseman v. Davenport may have far-reaching effects. It’s a long game, but this ruling is an enormous leap forward in eradicating gun bans.
Gun rights organizations deserve applause for Friday’s ruling
The Firearms Policy Coalition (FPC) and Second Amendment Foundation (SAF) took well-deserved victory laps after the seismic victory. FPC President Brandon Combs marked another notch in his organization’s fight.
“Today’s victory is another milestone in a litigation strategy that has been years in the making,” Combs said. “This case allows gives the Supreme Court an opportunity to finally put an end to bans on some of the most popular firearms in America. We are going to keep building on today’s victory until every immoral and unconstitutional gun control law is eliminated throughout the nation.”
New Jersey leaders have a history of malfeasance on gun rights issues
Likewise, SAF Executive Director Adam Kraut recognized that the milestone win was grounded in hard-fought battles before the high court.
“The Supreme Court’s recent decision [in] Wolford v. Lopez, where the Court further clarified what constitutes an ‘arm’ for Second Amendment purposes, has already laid the groundwork for resolving these cases favorably and was adopted by the 3rd Circuit,” Kraut said. “We are optimistic today’s ruling will further bolster a favorable result once we have the opportunity to argue the cases before the Court this fall.”
He, of course, referred to the high court’s recent acceptance of challenges to state-level “assault weapon” bans.
SAF founder and Executive Vice President Alan M. Gottlieb echoed Kraut’s prediction that arbitrary anti-gun laws “will continue to fall.”
Judge Paul Matey wrote a separate but concurring opinion that blasted the state’s record of restricting the right to keep and bear arms, criticizing “New Jersey’s repeated and relentless assault on the Second Amendment.”
Matey accused lawmakers of legislating with “a blind eye to the Constitution while prioritizing histrionics over history. New Jersey’s blunderbuss legislation is now, as it was the last three trips to this Court, unconstitutional.”
In 1990, Garden State lawmakers enacted the prohibition on the most popular sporting rifles in the U.S. Politicians banned over 60 semi-automatic rifles and shotguns, as well as weapons with disfavored features.
Violators faced up to 10 years in prison and $150,000 in fines. Of course, the current anti-2A regime was unhappy with the seismic ruling.
New Jersey Attorney General Jen Davenport called the defeat “unfortunate” and “legally incorrect.”
“Every other federal circuit to consider the issue has come out the other way,” she said in a release. “Assault weapons and large capacity magazines play a dangerous role in the modern epidemic of mass shootings, and New Jersey acted reasonably and lawfully in restricting them.”
Apparently not.
The National Rifle Association (NFA) joined the chorus of applause after the Friday ruling in a powerful statement.
“Today marks a historic victory for the NRA, the Second Amendment, and law-abiding Americans,” the gun rights organization declared in a statement. “The Third Circuit has struck down these unconstitutional so-called assault weapons bans and magazine bans in New Jersey, affirming what we’ve always known: the right to keep and bear arms, including commonly-owned rifles and standard-capacity magazines, is fundamental and cannot be infringed by politicians who prioritize control over constitutional freedoms.”
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