Platkin says federal stay 'vindicates' gun reform

New Jersey has tired to regulate concealed carry

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

..... Attorney General Matthew Platkin said he felt vindicated after a federal court sided with New Jersey in its ongoing legal battle to regulate the concealed carrying of guns.
..... The order, a stay requested by the state last month, [05/2023] will enable enforcement of regulations on where concealed weapons can be carried in New Jersey. The stay was issued by the United States Court of Appeals for the 3rd Circuit in Philadelphia.
..... "It feels great, because it vindicates what we've been saying all along, that this law was commonsense and consistent not just with the Second Amendment, put with the Second Amendment under the bBuen decision, Platkin said Wednesday. [06/21/2023] "the 3rd Circuit resoundingly agreed with us. For us to get this order, we had to show that we were likely to prevail on the merits. The 3rd Circuit, basically, wholesale rejected what the District Court did, which we said was dangerous, frankly, [and] unprecedented in the state of New Jersey."
..... In requesting the stay, Platkin argued that not being able to enforce the law would have a detrimental effect on people's safety, especially during busy times like July 4. He said Wednesday [06/21/2023] that the stay order will have an "impact this weekend" [06/24-25/2023] as well as "every weekend and every day" because places that have liberal concealed carry laws - "meaning they allow you to carry guns in more places" - have more violence.
..... The attorney general also noted that the state has argued that point "at every level" during this case.
..... "We will continue to litigate it, but it's a significant win," Platkin said. "When the District Court decision came down, we disagreed with it. We didn't think it was consistent with Bruen. We didn't think it was frankly consistent internally with itself. The 3rd Circuit agreed with us and so we're very gratified to see them agree with our arguments, but most importantly, I'm happy that New Jerseyans will be safer as a result."
..... Governor Phil Murphy said in a statement Tuesday [06/202023] night that he is "thrilled" with the stay order and that this "decision will make New Jersey a safer state for all of us and will ensure that New Jersey continues to have among the lowest rates of gun violence in the nation."
..... The stay was granted by Judge Cheryl Ann Krause, a judge for the 3rd Circuit. The case landed in Krause's court after the state appealed a decision by U.S. district Judge Renee Marie Bumb.
..... The next round of briefings isn't due until the fall, [2023] Platkin said, and will be followed by arguments and then a decision.
..... "You're looking at many months before another decision comes out, which is good," Platkin said. "There have been too many decisions on this case, and confusing the public and confusing law enforcement. So the fact that we know the rules of the road now for an extended period of time, and we will continue to litigate it, but the rules of the road are that the law that was passed by the Legislature and signed by the governor just before Christmas is the law, and we will be enforcing it."
..... Governor Phil Murphy signed legislation to expand gun safety on July 5, 2022, at Metuchen Borough Hall. He later signed additional reforms into law in December. [2022]
..... Those reforms were challenge almost immediately by gun rights advocates. That challenge landed in Bumb's court in Camden.
..... Bumb had said the reforms signed into law last December [2022] by Murphy were "aimed primarily - not at those who unlawfully possess firearms - but at law-abiding, responsible citizens." She also said the law to limit where concealed weapons could be carried went "too far" and called the law "Plainly unconstitutional."
..... That ruling limited the enforcement of the new law and the restrictions on where the concealed carrying of guns is allowed.
..... 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."
..... Legislation regarding gun reform came in response to the United States Supreme Court decisions 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 Rifle & Pistol Clubs field a lawsuit just hours after Murphy signed the legislation. A second suit was field days later by Ronald Koons, Nicholas Gaudio and Jeffrey Muller, as well as the organization of which they are members: the Second Amendment Foundation, Firearms Policy coalition Incorporate, the Coalition of New Jersey Firearm owners and the New Jersey Second Amendment Society. The two lawsuits have since been consolidated.
..... Earlier this year, [2023] Bumb ruled that the state could not 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 a 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.

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