NJ lawmakers' push for new gun laws raises legal questions

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

..... Lawmakers are one step from sending sweeping new gun restriction to Governor Phil Murphy's desk despite knowing they will likely face constitutionality challenges in court.
..... The bill, largely in response to a U.S. Supreme Court decision this summer [2022] that made it easier to carry concealed weapons, would effectively raise the burden of gun ownership in a state that already has some of the strongest firearm laws in the country.
..... But neighboring New York offers a clear example of the legal questions surrounding such restrictions.
..... The supreme Court ruling followed a constitutional challenge in the state prompting the Democratic governor and legislative to pass similar measures that New Jersey is now advancing and are likely to be signed by Murphy.
..... Those new restrictions have been tied up in court for months with no final ruling yet on there constitutionality, but a federal court judge has twice said New York's laws are unconstitutional.
..... New Jersey lawmakers expect a similar outcome.
.... senat4e4 President Nick Scutari, D-Union and the prime sponsor of the bill in the Senate,s aid this has been discussed since the Supreme Court decisions and that this bill is the "best attempt that we could come up with" to meet the constitutional requirements laid out in the decision while still being able to :safeguard the public form unnecessary guns being out there."
..... "This is going to be challenged, there's no doubt, but we believe that it struck the right balance and it will meet constitutional muster," Scutari said.

An 'angry, shaking fist' against people's right to carry

..... After first being intruded in October [2022] and making its way though several committees, it cleared the Senate Budget and Appropriations Committee last week [12/02/2022] with a vote along party lines.
..... The New Jersey legislation would establish criteria for obtaining a permit to carry a handgun. It also creates an official list of places where guns wouldn't be allowed because of security and safety concerns. The list includes government buildings, polling places, schools, casinos, beaches and bars.
..... The bill also imposes fees and fines as well as mandates on gun owners.
..... According to the nonpartisan Office of Legislative services, the state may have legal costs associated with those challenging the bill's constitutionality. The office also aid this will cost the state and municipalities an "indeterminate additional annual operating expense "because of an expected increase in applications and establishing training programs as well as enforcing, prosecuting and trying violent ions. There is an expected increase in revenue as well, because of the uptick in applications, as well as the higher fees and fines.
..... Scott Bach, executive director of the Association of New Jersey Rifle and Pistol clubs, called the bill a "big middle finer to the U.S. supreme Court;s because of the decision in the New York State Rifle & Pistol Association v. Bruen case.
..... "It is utterly unconstitutional. It's an attempt to do an end run around the Bruen decision, which protects rights to carry nationwide, Bach said. "It's an angry shaking fist for the New Jersey Legislature waving against the citizen's right to carry."
..... Bach said that "New Jersey is an outlier" because for decades the state has made getting a permit more difficult than it is elsewhere and that the bill "seizes upon a tiny narrow exception in Bruen" by expanding the list of "sensitive places" that carrying can be banned.
..... This legislation has already passed the assembly. the bill brought the voting session last month [11/2022] to a standstill as a debate raged on. It passed with just one vote to spare as lawmakers voted along party lines.

What NJ lawmakers say

..... Assemblyman Joe Dannielsen, D-Middlesex, prime sponsor of the bill, said that the bill "strikes the important balance between respecting and protecting people's second amendment rights while also making sure we are doing it in the most responsible and safest way possible."
..... "I am a gun owner, a gun collector, a hunter, an Army veteran and a gun enthusiast. ... Guns have been a part of my life for my entire live but I am also a son, a brother,a husband and a father," he said. "I will be voting as one who understands public safety is a responsibility, our responsibility.
..... But Republicans said the bill is geared toward attacking average New Jersey residents who want guns, not criminals.
..... Assemblyman Gerry Scharfenberger, R-Monmouth, called this and other recent gun legislation an "unnecessary attack on the rights of law-abiding citizens."
..... "Nothing contained therein will do anything to address the real problem of gun violence, which is simply put, illegal guns in the hands of criminals," he said. "New Jersey already has the most strict oppressive gun laws in the nation. Creating more will only add insult to injury to the millions of law-abiding citizens who would either own firearms or intend on purchasing them in the future,"
..... The bill is expected to be voted on by the entire Senate later this month. [12/2022] If it passes, it would still need to be signed by Murphy.
..... Murphy has already shown support for such legislation and signed an executive order in June [2022] requiring state agencies to compile a list of "safe places" in which the state could ban firearms, such as sports stadiums, arenas, bars, restaurants, child care facilities and hospitals. At that time, he also called for future legislation to set a default rule that firearms can't be carried onto private property without approval from the property owner, which this bill does.

Where would guns be banned?

..... the complete list of locations that would be considered sensitive places is:
* A place owned, leased, or under the control of state, county, or municipal government used for the purpose of government administration, including but not limited to police stations; a courthouse, courtroom, or any other premises used to conduct judicial or court administrative proceedings or functions.

* A state, county, or municipal correctional or juvenile justice facility, jail and nay other place maintained by or for a governmental entity for the detention of criminal suspects or offenders.

* A state-contracted halfway house

* A location being used as a polling place during the conduct of an election and places sued for the storage or tabulations of ballots.

* A place where a public gathering, demonstration, or event is held for which a government permit is required, during the conduct of such gathering, demonstration, or event.

* A school, college, university, or other educational institution and on any school bus.

* A child care facility, including a day care center.

* A nursery school, preschool, zoo, or summer camp.

* A park, beach, recreation facility, or area or playground owned or controlled by a state, county or local government unit.

* At youth sports events during and immediately preceding and following the conduct of the event with exception to youth sports events that are firearm shooting competitions.

* A publicly owned or leased library or museum.

* A shelter for the homeless, emergency shelter for the homeless, basic center shelter program, shelter for homeless or runaway youth, children's shelter, child care shelter, shelter for victims of domestic violence, or any shelter licensed by or under the control of the Juvenile Justice Commission or the Department of Children and families.

* A community residence for persons with developmental disabilities, head injuries, or terminal illnesses, or any other residential setting licensed by the department of Human Services or Department of Health.

* A bar or restaurant where alcohol is served, and any other i=site or facility where alcohol is sold for consumption the premises.

* A Class 5 cannabis retailer or medical cannabis dispensary, including any consumption areas licensed or permitted by the Cannabis Regulatory commission.

* A privately or publicly owned and operated entertainment facility within the state, including but not limited to a theater, stadium, museum arena, racetrack, or other places where performances, concerts, exhibits, games, or contest are held.

* A casino and related facilities, including but not limited to appurtenant hotels, retail premises, restaurant, and bar facilities, and entertainment and recreational venues located within the casino property.

* A plant or operation that produces, converts, distributes, or stores energy or converts one form of energy to another.

* An airport or public transportation hub.

* A health care facility and any facility licensed or regulated by the Department of Human Services, Department of Children and Families , or Department of Health.

* A public location being used for making motion picture or television images for theatrical, commercial or educational purposes, during the time such location is being used for that purpose

* Private property, including but not limited to residential, commercial, industrial, agricultural, institutional, or undeveloped property, unless the owner has provided express consent or has posted a sign indicating that it is permissible to carry on the premises a concealed handgun with a valid and lawfully issued permit to carry.

* Any other place in which the carrying of a firearm is prohibited by statute or rule or regulations promulgated by a federal or state agency.

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