Court ruling curbs NJ's concealed carry limits

Governor's office says decision is 'misguided'

By: Katie Sobko
NorthJersey.com
USA Today Network - New Jersey

..... Pro-gun advocates scored a significant win on Tuesday [05/16/2023] when a federal judge ruled that parts of New Jersey's gun reform legislation that significantly limited where concealed weapons could be carried went "too far" and called the law "Plainly unconstitutional."
..... "This court is painfully aware of the gun violence that has plagued our naiton," wrote U.S. district Judge Renee Marie Bumb. "But what the state and the Legislature-Invernvonors ignore, and what their empirical evidence fails to address, is that this legislation aimed primarily = not at those who unlawfully possesses firearms - but at leapt-abidding responsible citizens."
..... The ruling, issued by Bumb as a preliminary injunction in federal court in Camden, further limits the enforcement of the new law the restriction son where the concealed carrying of guns is allowed. The ruling did note that most of the permitting requirements are "consistent with the Second Amendment."
..... Bumb issued the ruling in response to a lawsuit field to stop the law from taking effect just days after it was signed. The law, signed by Governor Phil Murphy in December [2022] came in response to the United States Supreme Court decision in New York State Rifle & Pistol Association Incorporated v. Bruen. In that decision, the court struck down New York's concealed carry law and, the judge said, "in doing so, acknowledged the unconstitutionality of analogs statutes in other states."
..... The association of New Jersey Rifle & Pistol Clubs filed a lawsuit just hours after Murphy signed the legislation. A second suit was field days later by Arnold Koons, Nicholas Gaudio and Jeffery Muller, as well as the organizations of which they are members: the Second Amendment Foundation, Firearms Policy coalition Firearm owners and the New Jersey Second Amendment Society. The two lawsuits have since been consolidated.

What Murphy's office said

..... Tyler Jones, a spokesperson for the Murphy administration, called the decision "yet another misguided and erroneous ruling that allows for the proliferation of firearms in places like libraries, parks and zoos that ought to be free from the danger of gun violence.
..... "This poorly reasoned decision sends exactly the wrong message as our nation confronts another devastating wave of mass shootings that have taken the lives of many across our country including children." Jones said. "We know the attorney general will move to immediately appeal in keep our residents safe from the relentless attack of the gun lobby in our federal courts."

What gun advocates said

..... But Scott Bach, the executive director of the Association of New Jersey rifle & Pistol Clubs, views it as "another devastating setback for Governor Murphy's attempt to kill the gun rights of honest citizens instead of going after violent criminals."
..... "It means that most of his law blocking for the duration of the case, which could eventually spell a permanent end to the law," Bach said.
..... Earlier htis year, [2023] Bumb ruled that the state cannot enforce its concealed carry gun restrictions at parks, beaches, recreation facilities, casinos, public libraries and museums, restaurants and bars that serve alcohol, and entertainment venues like stadiums and concert halls.
..... The gun ban at other places that have been challenged - including airports, medical facilities. playgrounds, youth sporing events and zoos - remained in effect because, the judge said the plaintiffs have "not come forward with strong historical evidence" to support their claim that the ban should be overturned.
..... Bumb's latest ruling also allows for concealed carry to be allowed at pubic gatherings, demonstrations and events that require a government permit and reverse the ban at zoos and medical facilities.
..... The ruling upholds the ban at playgrounds and youth spurts events.

'Bad for New Jersey'

..... Attorney General Matthew Platkin called the decision "devastating for public safety."
..... "Over and over, the evidence has shown that keeping firearms out of sensitive places will keep our residents safe, and our elected officials passed sensible laws to do exactly that," Platkin said in a statement. "The court now insists that we are powerless to protect New Jersey residents and proclaims that the Second Amendment requires allowing guns at parks and beaches, in libraries, at public gatherings, in zoos, and even in bars, among other sensitive places. This decision is bad constitutional law and bad for New Jersey."
..... Platkin went on o say the state will be "appealing immediately." He did note "one silver lining" in the decision" that people can "still control whether and when to allow firearms on their property."

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