NJ: AG, Senate President Launch Offensive Over ‘Misguided’ AWB, Magazine Decision
NJ: AG, Senate President Launch Offensive Over ‘Misguided’ AWB, Magazine Decision
Following the recent 3rd Circuit Court of Appeals ruling striking down their bans on so-called “assault weapons” and “large capacity magazines,” New Jersey politicians have launched an attack defending the now-stricken laws.
The Third Circuit’s 10-5 en banc ruling struck down BOTH the AWB and the LCM ban
On July 17, the circuit court ruled New Jersey’s ban on common semi-automatic rifles and standard-capacity firearms magazines is unconstitutional under the Second Amendment and even expanded the earlier District Court ruling. The court also concluded that limiting the district court judgment to only one model of rifle, the Colt AR-15, was erroneous, declaring the law unconstitutional as to the entire class of semi-autos it bans.
Senate President Scutari: The court’s decision is a “calculated attack on public safety”
Just days after the ruling, New Jersey officials began building their case about why the court ruling was wrong and why the ban needs to stay in place. On July 20, state Senate President Nicholas P. Scutari issued a statement trashing the court’s ruling.
“The Third Circuit Court’s decision to overturn New Jersey’s effective, nation-leading ban on assault rifles and high-capacity magazines is a misguided, calculated attack on public safety and common sense firearm restrictions,” Scutari fumed. “Over decades, New Jersey has meticulously balanced constitutional rights with the fundamental right of every person to live safely and freely, enacting gun safety regulations that have helped us achieve one of the lowest gun death rates in the nation. Going back on this progress will only endanger our communities and perpetuate the gun violence epidemic we have worked tirelessly to address.”
Good grief. For a state that has “balanced constitutional rights with the fundamental right of every person to live safely and freely,” New Jersey has some of the most restrictive gun laws in the country. But I digress.
Scutari’s “weapons of war” rant hits every predictable talking point
Scutari continued: “Any reasonable person understands that weapons of war have no place in a civil society. That is why every other federal circuit court to consider this issue has upheld the law on its merits. No child deserves to be gunned down in a classroom, no grandparent should be targeted while shopping for groceries, and no first responder should have to witness the devastation these weapons inflict on innocent people. Protecting our communities should always take precedence over expanding access to weapons designed for mass killing.”
Scutari concluded his rant by promising to continue fighting to keep the ban in place.
“With overwhelming public support, we will continue to fight injudicious decisions like this to ensure that New Jersey continues to safeguard every resident and serves as a national model for effective firearm safety laws,” he said.
AG Davenport joins the pile-on with the “public health crisis” line
Not to be outdone, New Jersey Attorney General Jennifer Davenport took to social media to do her own trashing of the court ruling.
“Today’s decision from the Third Circuit invalidating New Jersey’s careful laws restricting the AR-15 and large capacity magazines is as unfortunate as it is legally incorrect,” she posted on X. “Every other circuit court to consider the issue has come out the other way.”
In the post, Davenport, too, promised to continue the battle to keep the ban, even invoking the old “public health crisis” argument.
“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,” she concluded. “We are considering our options. We remain committed to working with our law enforcement partners to enforce our other firearms laws and treating gun violence like the public health crisis that it is.”
SCOTUS gets the final word this fall — and gun-rights advocates should be optimistic
Ultimately, the matter will be decided once and for all by the U.S. Supreme Court when it convenes its fall term for Viramontes v. Cook County and Grant v. Rovella. We can only hope and pray SCOTUS rules in favor of the Second Amendment as it has several times in recent months.