Federal Judge Partially Restrains New Jersey’s ‘Unconstitutional’ Concealed Carry Law For Second Time
U.S. District Judge Reneé Marie Bumb placed a second temporary restraining order on portions of New Jersey’s concealed carry law Monday, saying “neither the State nor the public has an interest in enforcing unconstitutional laws.”
Bumb temporarily restrained the law from blocking guns in “sensitive places” like casinos, public libraries, museums, bars and restaurants where alcohol is served, entertainment facilities, private property, unless indicated otherwise by owners, and private vehicles, according to the ruling in the United States District Court for the District of New Jersey Camden Vicinage. Lawmakers initially passed the law in December, which requires New Jersey residents who seek a concealed carry permit to purchase liability insurance and take training courses, while also increasing permitting fees and prohibiting firearms in “sensitive places.”
“Defendants cannot demonstrate a history of firearm regulation to support these challenged provisions for which they have demonstrated Article III standing. The threat of criminal prosecution for exercising their Second Amendment rights, as the holders of valid permits from the State to conceal carry handguns, constitutes irreparable injury on behalf of Plaintiffs, and neither the State nor the public has an interest in enforcing unconstitutional laws,” Bumb wrote in the ruling.
In early January, Bumb first ruled that portions of the law violated the Second Amendment rights of New Jersey residents, opting to rule in favor of a temporary restraining order on the “sensitive places” portion of the law. Bumb based her ruling at the time on the belief that the state did not have the “historical tradition” of regulating where a concealed carry permit can be used.
The first partial temporary restraining order was in favor of the plaintiffs in the Koons v. Platkin case, and Bumb ruled in favor of enjoining the two cases moving forward, according to the ruling.
New Jersey’s concealed carry law was first implemented after the Supreme Court’s ruling in the New York State Rifle And Pistol Association v. Bruen case. The ruling set a precedent for gun laws in the U.S. and established the need for “historical tradition” in court rulings for Second Amendment cases, according to the ruling.
The bill received bipartisan criticism, with Republican state Sen. Michael Testa calling the bill “absolutely wrong” and Democratic state Sen. Nicholas Sacco saying it is unconstitutional and will face legal challenges, according to NJ.com.
New Jersey Senate Republican Leader Steven Oroho previously told the Daily Caller News Foundation that the law was rushed through the Legislature in an attempt to circumvent the Supreme Court.
“The federal judge’s ruling, which validates what we have been saying, is a victory for the 2nd Amendment and the rights of law-abiding citizens to protect themselves both in public and in private. We look forward to the offending provisions of the law being permanently struck down,” he said.
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