Riding Shotgun - Literally

New Jersey gun laws have long been among the strongest in the nation, and you get the feeling most people like it that way.

But things are about to change.

Amid World Cup final hoopla and normal summer activities last Friday came a U.S. Appeals Court ruling overturning the state's ban on semi-automatic rifles, what are commonly called assault weapons.

The ruling was not unexpected.

It followed the Bruen opinion of the U.S. Supreme Court in 2022. That ruling essentially said modern gun restrictions must be based on the thinking present when the nation was founded.

As a result, some courts - like the one at hand - have nullified state gun laws.

The appeals court did not address New Jersey's ban on semi-automatic shotguns and handguns. But the Supreme Court is expected to consider more general assault weapon bans this fall. It's not hard to see where the court is headed.

An obvious problem with the inevitable national approach to something like this is that every state is different. That is especially true with New Jersey and its 9.5 million people residing in a rather small area. It is the most congested state in the union.
It is also a safe state. There are various studies that use various metrics. However, the bottom line in all studies is that the violent crime rate in New Jersey is among the lowest in the nation.

Will that still be the case if someone is legally able to ride around with a semi-automatic rifle? Talk about watching for road rage.

The appeals court ruling acknowledged the safety aspect of the state's ban. It said:

"Together, Heller (another Supreme Court ruling) and Bruen teach that bans or broad prohibitions on possessing or carrying of a class of weapons in common use for lawful purposes fail to find support in our

Nation’s tradition of firearm regulation. That is so even when the regulations are passed with the intention of reducing gun violence."

In other words, who cares if a state is trying to keep people safe? It is more important to rely on what lawmakers were thinking about firearms in the 18th Century.

Needless to say, many New Jersey politicians are condemning the latest ruling.

Rep. Josh Gottheimer called it a "significant setback" for gun safety.

"Every other federal circuit court to consider the issue has come out the other way,” said Jennifer Davenport, the state Attorney General.  “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. We are considering our options.”

Those "options," of course, seem limited.

We must end with a cliche, which like most cliches, is true. Elections have consequences.

A conservative president eventually means a conservative court and in this case, a gun ruling based on conservative thinking.

 

 

 

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