Appeals court allows New Jersey's key gun restrictions to take effect amid litigation
- Oops!Something went wrong.Please try again later.
The Third Circuit Court of Appeals has reinstated key parts of New Jersey’s law that prohibits carrying guns in certain parts of the state.
The 2-1 decision from the court allows multiple so-called sensitive places — where New Jersey law bans guns — to take effect as litigation plays out. Prior to that, U.S. District Judge Renée Marie Bumb blocked much of the state’s sensitive places from taking effect, meaning that guns could be carried in areas where New Jersey law sought to prohibit them.
Tuesday's court order means that carrying guns within 100 feet of public gatherings; nursery schools; pre-schools; zoos; summer camps; public parks; libraries; museums; places where alcohol is served; entertainment facilities; casinos; and health care facilities are prohibited.
Some key parts of the law are still blocked. Restrictions in New Jersey law around carrying guns in vehicles or movie sets, for instance, are still blocked. On private property that is open to the public — like retail stores — if a property owner does not give express permission that guns are allowed on their premises, people can still carry guns there. But a property owner still has the right to not allow guns. The liability insurance mandate for concealed carry holders is also still blocked.
“We are extremely gratified that the Third Circuit recognized what we have always said: New Jersey is likely to win this case because our sensitive-places law complies with the Second Amendment,” Attorney General Matt Platkin said in a statement. “The Third Circuit correctly stayed the district court’s dangerous injunction that allowed individuals to carry weapons into places like parks and zoos, libraries and museums, bars and casinos, and permitted demonstrations. This is a tremendous win for public safety, and we will continue fighting for our law.”
The U.S. Supreme Court last year effectively expanded gun carry laws in states like New Jersey, which had severely restricted the right to carry guns outside the home for decades. In response to that ruling, Gov. Phil Murphy as well as Democrats in the state Legislature passed a sweeping overhaul of gun carry laws late last year. A key part of that law blocked guns from being carried in broad swaths of the state’s that were designated as “sensitive places.”
In a statement, Murphy — who has supported tightening the state’s already strict gun laws — welcomed the ruling.
“I am thrilled that the Third Circuit has reinstated the vast majority of the law that I proudly signed last December to keep guns out of our most sensitive and vulnerable public places,” Murphy said in statement.
“Because of this decision, guns will not be allowed to proliferate in locations such as parks, beaches, libraries, bars, and restaurants where alcohol is served," he said. "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. I want to thank Attorney General Platkin and his entire team for this crucial victory, as well as Senate President Scutari and Speaker Coughlin for their support.”
