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Firearms Policy Coalition (FPC) announced that it has filed its opening brief with the Court of Appeals for the Third Circuit in Cheeseman v. Platkin, its lawsuit challenging New Jersey’s ban on so-called “assault weapons.” The brief can be viewed at firearmspolicy.org/cheeseman.
Earlier this year, the district court held that New Jersey’s ban was unconstitutional “as to the Colt AR-15 for use of self-defense within the home” but left the rest of the restrictions in place. Both sides appealed the court’s ruling.
“The principles established by Heller and confirmed by Bruen should make this a straightforward case,” argues the brief. “The paradigmatic semiautomatic firearm banned by New Jersey is the AR-15 platform rifle. Thirty years ago, the Supreme Court described the AR-15 as a ‘civilian,’ ‘commonplace,’ ‘generally available,’ and ‘traditionally … lawful’ firearm. It remains ‘commonly available,’ and according to the agency charged with administering the Nation’s firearms laws it is ‘one of the most popular firearms in the United States.’”
“The weapons banned by New Jersey are common numerically, categorically, and jurisdictionally. But too many lower courts are ignoring binding Supreme Court precedent because they do not like what the Constitution means. The district court in this case was wrong to uphold the majority of New Jersey’s ban on constitutionally protected arms. We will continue to fight forward and work to eliminate all of these laws throughout the United States,” said FPC President Brandon Combs.
The Cheeseman case is part of FPC’s high-impact strategic litigation program, FPC Law, aimed at eliminating immoral laws and creating a world of maximal liberty. FPC is joined in the litigation by two FPC members. FPC thanks FPC Action Foundation for its strategic support of this FPC Law case.
Firearms Policy Coalition (firearmspolicy.org), a 501(c)4 nonprofit membership organization, exists to create a world of maximal human liberty, defend constitutional rights, advance individual liberty, and restore freedom. We work to achieve our strategic objectives through litigation, research, scholarly publications, amicus briefing, legislative and regulatory action, grassroots activism, education, outreach, and other programs. Our FPC Law program (FPCLaw.org) is the nation’s preeminent legal action initiative focused on restoring the right to keep and bear arms throughout the United States. Individuals who want to support FPC’s work to eliminate unconstitutional laws can join the FPC Grassroots Army at JoinFPC.org or make a donation at firearmspolicy.org/donate. For more on FPC’s lawsuits and other pro-Second Amendment initiatives, visit FPCLegal.org and follow FPC on Instagram, X (Twitter), Facebook, and YouTube.
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