Parts of New Jersey’s gun law temporarily blocked by federal judge
Ryan King
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A federal judge pumped the brakes on key portions of a New Jersey gun control law restricting how and where one can carry a firearm in public in the state Monday.
U.S. District Judge Renee Marie Bumb issued a temporary restraining order for provisions in the gun law that prohibited guns from “sensitive locations,” such as restaurants, libraries, and museums, less than three weeks after Gov. Phil Murphy signed that legislation into law.
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“At oral argument, this Court specifically pressed the State whether it had empirical evidence to suggest that concealed carry permit holders are responsible for gun crimes or an increase in gun crimes in New Jersey, which they cite as justification for the law. However, the State had no such evidence,” Bumb wrote in a 60-page ruling.
The law was signed in late December and declared over two dozen “sensitive locations” in an effort to overhaul the Garden State’s gun laws. Many of those “sensitive locations,” including government buildings and hospitals, were not halted by the decision.
Other elements of the law, such as reforming the concealed carry permitting process, were also unaffected by the decision, according to Politico.
Bumb cast doubt that some of the “sensitive locations” listed in the law would endure a court challenge, noting that the U.S. Supreme Court previously stipulated state limits on where guns can be carried should comport with historical precedents.
Firearms Policy Coalition, a nonprofit group that advocates “individual liberty,” challenged the New Jersey law shortly after it was signed into law. The group hailed the decision and was joined by the Second Amendment Foundation, the Coalition of New Jersey Firearms Owners, and the New Jersey Second Amendment Society in the challenge.
“Within seconds of Gov. Murphy signing this insidious bill, FPC Law filed a challenge to its constitutionality,” FPC Director of Legal Operations Bill Sack said. “We are thrilled that the Court has wasted no time in preventing its enforcement and the irreparable constitutional injury that would have otherwise been suffered by our Plaintiffs and all of the peaceable people of New Jersey.”
New Jersey Attorney General Matt Platkin decried the decision and vowed to fight back.
“We are disappointed by the Court’s ruling, which is inconsistent with the Second Amendment and will make New Jerseyans considerably less safe,” Platkin lamented in a statement, according to Politico. “But this temporary order is just that: temporary. And we look forward to continuing to press our case, including ultimately on appeal.”
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Bumb is expected to make a final judgment on the case within the coming weeks, and additional litigation championed by the Association of New Jersey Rifle & Pistol Clubs against New Jersey’s law is currently pending. Challenges have also been lodged against New York’s similar gun control laws.
The Washington Examiner contacted Murphy’s and Platkin’s offices for comment.