This new federal court ruling essentially halts NJ's concealed weapons carry restrictions

  • Oops!
    Something went wrong.
    Please try again later.

Pro-gun advocates scored a significant win on Tuesday 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 nation,” wrote U.S. District Judge Renée Marie Bumb. “But what the state and the Legislature-Intervenors ignore, and what their empirical evidence fails to address, is that this legislation is aimed primarily — not at those who unlawfully possess firearms — but at law-abiding, responsible citizens.”

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."

Bumb issued the ruling in response to a lawsuit filed to stop the law from taking effect just days after it was signed. The law, signed by Gov. Phil Murphy in December, came in response to the United States Supreme Court decision in New York State Rifle & Pistol Association Inc. 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 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 filed days later by Ronald Koons, Nicholas Gaudio and Jeffrey Muller, as well as the organizations of which they are members: the Second Amendment Foundation, Firearms Policy Coalition Inc., the Coalition of New Jersey 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 to keep our residents safe from the relentless attack of the gun lobby in our federal courts."

Earlier: NJ's list of 'sensitive places' restricting guns is temporarily halted by judge

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 right to carry has been suspended for the duration of the case, which could eventually spell a permanent end to the law," Bach said.

Earlier this year, 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.

Mike Kelly NJ, NY try to defend against America's new gun culture. Will SCOTUS let us?

'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 to 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.”

Katie Sobko covers the New Jersey Statehouse.

Email: sobko@northjersey.com

This article originally appeared on NorthJersey.com: NJ concealed carry restrictions halted by court ruling