New Jersey appeals court ruling that upended enforcement of restrictions on concealed carry

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

..... In a new motion in the legal battle over gun reform legislation, the state ash asked a federal judge to fast-track consideration of an appeal - and not to limit enforcement of restrictions on where concealed weapons can be carried in New Jersey.
..... "This appeal warrants expedited consideration because the preliminary injunction interferes with a critical public-safety tool adopted by the New Jersey Legislature," a motion brought by the New Jersey Attorney General's Office says. "The injunction threatens public safety by allowing loaded guns in crowded theaters, bars, protests, and Fourth of July celebrations in parks, as well as zoos and libraries where children gather - just to name a few,"
..... Last week, [05/18/2023] U.S. District Judge Renee Marie Bumb said the reforms signed into law in December [2023] by Governor Phil Murphy - challenged almost immediately by gun rights advocates - are "aimed primarily - not a those who unlawfully possess firearms - but at law-abiding, responsible citizens."
..... Bumb also said the law to limit where concealed weapons could be carried went "too far" and called the law "plainly unconstitutional."
..... The ruling, issued by Bumb as a preliminary injunction in federal court in Camden, further limits the enforcement of the new law and the restrictions on where the concealed carrying of guns is allowed. The ruling did note that most of the permitting requirements are "consistent with the Second Amendment."
..... The state filed an appeal within hours and said the "district court erred in preliminarily enjoining vast swaths of New Jersey's sensitive-places and private-property provisions."
..... Bumb issued the ruling in response to a lawsuit filed to stop the law 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 analogous statues in other states."
..... The Association of New Jersey Rolfe & Pistol Clubs filed a lawsuit just hours after Murphy singed the legislation. A second suit was field days later by Ronald Koons, Nicholas Gaudio and Jeffrey Muller, as well as the groups of which they are members: the Second Amendment Foundation, Firearms Policy Coalition Incorporated, the Coalition of New Jersey Firearms Owners and the New Jersey Second Amendment Society. The two lawsuits have been consolidated.
..... Earlier this 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 had been challenged - including airports, medical facilities, playgrounds youth sporting 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 public gatherings, demonstrations and events that require a government permit and reverses the ban at zoos and medical facilities.
..... The ruling upholds the ban at playgrounds and youth sports events.

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