NJ - Federal Judge Blocks Most of N.J. Concealed Carry Law - Sensitive Places

[ImminentDanger]

Federal Judge Blocks Most of N.J. Concealed Carry Law
By Michael Katz - 18 May 2023
https://www.newsmax.com/newsfront/ne...18/id/1120390/

A federal judge on Tuesday ruled most of a New Jersey concealed carry law that prevents licensed firearm owners from carrying guns in government buildings and libraries, among other locations, unconstitutional in a victory for gun rights advocates.

Renée Marie Bumb, chief judge for the U.S. District Court for the District of New Jersey, issued a preliminary injunction blocking bill A4769 that declares much of the state is a "sensitive place" where residents who obtain permits to carry firearms can't go armed.

The state was responding to the landmark Supreme Court ruling last year in New York State Rifle & Pistol Association, Inc. v. Bruen, in which the court's conservative majority in a 6-3 decision said a 1911 New York law requiring gun owners to show "proper cause" to gain a concealed carry permit was unconstitutional, and ruled the ability to carry a pistol in public was a constitutional right under the Second Amendment.

"The Second Amendment's right to bear arms in public for self-defense is not a second-class right, subject to an entirely different body of rules than the other Bill of Rights guarantees," Bumb, a George W. Bush appointee, wrote in a 230-page opinion.

"That does not mean, however, that the right is 'unlimited.' The Constitution leaves the states 'some measures' to combat handgun violence. But what the Second Amendment prohibits the states from doing, and what the State of New Jersey has done here with much of [its law] is to prevent law-abiding citizens with ordinary self-defense needs from exercising their right to keep and bear arms.

"That is plainly unconstitutional."

The Association of New Jersey Rifle & Pistol Clubs filed a lawsuit Dec. 22 against the law, just hours after Democrat Gov. Phil Murphy signed the legislation.

Bumb issued a temporary restraining order in January to prevent the state from enforcing the law. But her latest ruling keeps in place provisions of the new law tightening firearm permitting requirements, which she said are "consistent with the Second Amendment."

New Jersey Democrat Attorney General Matthew Platkin called Bumb's ruling "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 Tuesday in a news release.

"But 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.

"We will be appealing immediately."

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Judge blocks much of New Jersey gun law

Murphy administration and gun-rights advocates call it "devastating," but for different reasons
New Jersey Attorney General Matt Platkin speaks.

Attorney General Matt Platkin said in a statement that he plans to appeal the decision.

By Daniel Han - 05/16/2023
https://www.politico.com/news/2023/0...n-law-00097239

A federal judge blocked much of New Jersey's recently enacted gun carry law on Tuesday, the latest setback in the Murphy administration's efforts to tighten laws amid legal challenges from gun-rights groups.

The order issued by U.S. District Judge Renée Marie Bumb applies for the duration of the litigation and expands upon prior court orders that temporarily blocked parts of the new law, formed in response to last year's U.S. Supreme Court ruling in New York easing states' carrying restrictions.

The judge's order in New Jersey suspends, for now, impending requirements that gun carriers purchase liability insurance -- a requirement that would have been the first statewide mandate of its kind.

It also reaffirms and expands prior court orders that blocked parts of the law which prohibits where New Jerseyans can carry guns. The order issued Tuesday blocks gun carry bans in zoos, public locations used for movie sets and public gatherings where government permits are needed. Prior temporary orders blocked gun bans in places where alcohol is served, entertainment facilities and on private property where the owner does not give explicit permission.

The judge also blocked another provision that required references for gun carry applicants to be interviewed in-person, which the judge wrote was "unduly burdensome."

Attorney General Matt Platkin said in a statement that he plans to appeal the decision.

Gov. Phil Murphy and legislative Democrats moved to curtail the impacts of a U.S. Supreme Court ruling last summer that expanded the scope of who can carry guns outside the home. Murphy signed a bill into law last year that overhauled the state's gun carry laws and prohibited guns from being carried in large swaths of the state; the law was immediately the subject of legal challenges.

Bumb, an appointee of former President George W. Bush, said in her opinion that the state "failed" to demonstrate historical analogues in the new law to firearm regulations of the past -- a key litmus test the U.S. Supreme Court recently established in deciding whether gun laws are constitutional.

Platkin called the decision "devastating for public safety."

"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," he said in a statement. "This decision is bad constitutional law and bad for New Jersey."

A spokesperson for the governor called the decision "misguided and erroneous." Murphy has consistently pushed to tighten the state's already-strict gun laws throughout his governorship.

"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," spokesperson Tyler Jones said in a statement.

Gun-rights groups did not get everything they wanted. For instance, prohibitions on carrying guns at playgrounds and youth sporting events still stand. However, gun-rights groups said the opinion was evidence the new law is in legal trouble.

"Today's ruling deals a devastating blow to Governor Murphy's misguided law trashing right to carry," said Scott Bach, executive director of the Association of New Jersey Rifle & Pistol Clubs. "The governor needs to see the handwriting on the wall and pivot from trying to block self-defense by law-abiding citizens to going after violent criminals instead."

230-page Opinion (PDF) HERE
Court Order (PDF) HERE

From the Court Order - RESTRICTIONS LEFT IN PLACE:

Case 1:22-cv-07464-RMB-AMD Document 125 Filed 05/16/23 Page 2 of 4 PageID: 4113

FURTHER ORDERED that Plaintiffs' Motions for a Preliminary Injunction to enjoin N.J. Stat. Ann. § 2C:58-4.6(a)(10) (playgrounds), (a)(11) (youth sports events), (a)(20) (airports and transportation hubs except as modified in the Opinion of today*s date to permit the checking of a firearm as checked luggage prior to entry of an airport and dropping off or picking up passengers from an airport), and (a)(22) (health care facilities that provide addiction or mental health treatment or support services), id. § 2C:39-6(a)(12) (exemption for judges, prosecutors, and attorneys general), id. § 2C:58-4.4(a)(5) (unjustified display of a handgun), and N.J. Admin. Code § 7:25-5.23 (a), (c), (f), (i) and (m) (Fish and Game Restrictions) are DENIED

FURTHER ORDERED that Siegel Plaintiffs' Motion for a Preliminary Injunction to enjoin Chapter 131's statutory disqualifiers (N.J. Stat. Ann. § 2C:58-3(c), (c)(5)), Chapter 131's "reputable persons endorsement" provision (N.J. Stat. Ann. § 2C:58-4(b)), Chapter 131's provision allowing licensing authorities to request "such other information" deemed reasonably necessary to review a concealed carry applicant's application (N.J. Stat. Ann. § 2C:58-4(c)) (as modified by the Court's Opinion), and the new fee schedule is DENIED

...

[John_Wick]

NJ is just hell bent on never allowing guns anywhere.

[JenniferG]

Murphy is just another member of the world communist brigade. Freedom isn't for you peasants.

[bogey1]

As I said n another thread, on jersey 101.5 today, they said the majority of new jersey adults,
want strict gun laws, and don't want people carrying on the beach and whatnot.
I cant wait till the gangbangers take over for the southern border.

[xXxplosive]

Update from Shooters Sporting Center...

READ THE ENTIRE POST BEFORE CALLING THE STORE! We will not answer any questions that are shared in this post. (We also will not be answering questions on the post until the end of the day.)
PERMIT TO CARRY QUALIFICATIONS
The State of NJ posted a memorandum on September 17, 2023 pertaining to the Permit to carry *Civilian Carry Assessment and Range Evaluation (CCARE) Protocol*. Dated September 15th, 2023
*** See attached photos ***
After discussions with the NJSP Firearms Investigation Unit & our course instructors, we have decided on a plan of action to ensure every PTC holder who qualified at Shooters Sporting Center are in compliance with the law.
We will REQUALIFY all of our customers at NO
charge!
The requalification will be free ONLY IF proof of initial qualifications at Shooters Sporting Center is provided. You must bring a copy of your original qualifications or receipt to be requalified. It will be REQUIRED to show either one of these documents. If you DO NOT have proof of your initial qualification course or receipt, you will have to sign up for an initial PTC course.
This course will be hosted at specific times. Please call the store @ 609-296-4080 to schedule your course, YOU MUST STATE YOU ARE GOING TO TAKE THE COURSE TO REQUALIFY AND YOU HAVE PROOF OF YOUR INITIAL COURSE. Failure to provide proof at time of requalification, you will not be permitted to shoot.
DO NOT CALL IF YOU ARE NOT PREPARED TO SCHEDULE FOR THIS COMING WEEK, once the week is full we will start the following week. We have time! Do not panic!
Holsters are REQUIRED to requalify. You must bring a holster with the gun you intend to use for the qualification course.
Please be PATIENT as we try to get everyone scheduled as quickly as possible, we have qualified so many customers in the last year.
DISCLAIMER!!!!!
RUDENESS WILL NOT BE TOLERATED! Please be patient & kind. Our staff will be overwhelmed by phone calls.
The CCARE course must be completed by December 31st.
We will be giving the FREE course starting tomorrow September 29th.
Due to the changes in length of the course & instruction given we will be increasing the price of initial qualification courses to $120 beginning October 1st. Our instructors have and always will give you the most up to date information supplied to us.
Thank you for making it to the bottom of our post!
- Don't be mean to us. We know this sucks. We know it is BS. We know the AG and Murphy suck, but we don't want to hear it every single time we take a call. Please, no profanity. We do not like this any more than you do.... We like it less, in fact. This creates more work for us. Be patient, be kind. Be a jerk to us and you will likely be asked to take your business elsewhere.

- Please do not call the store to ask questions about what is clearly stated above.... Our phones ring off the hook already. If every one of the nearly 4000 people who have qualified with us calls, it will be chaos.

- Only call the shop to schedule your qual. Clearly state that you are scheduling for a re-qualification or an initial qualification

- If you can prove you took your qualification with Shooters, you get to reshoot for free. NO EXCEPTIONS! As a serious gun owner in NJ who is accustomed to all of the insane paperwork needed to own guns in NJ, if you failed to keep a copy of your qual and/or your receipt, you have made a mistake. Be a grownup, admit you made a mistake & learn from it. Yes, we have a copy of your Qual in our records. No, we will not go up to the offices looking through thousands of pages of paperwork to provide a copy for you.

- You will need a holster.

- You will shoot 50 rounds.. 10 rounds each at 3, 5, 7, 10 & 15 yards in 5 round strings.

- The requal is shooting only and will only take a 20 minutes or so.

- If you are shooting the qual for the first time or have lost your paperwork and need to take the whole thing again, the price for the classroom and shooting has increased from $90 to $120.