A federal judge for a second time has sided with Second Amendment activists in finding New Jersey’s latest gun ban unconstitutional.
U.S. District Judge Renée Marie Bumb on Jan. 30 ruled the state cannot enforce its new concealed carry gun restrictions at parks, beaches, recreation facilities and casinos in a temporary ruling.
This is the second time Bumb has temporarily blocked the state law limiting where a gun can be carried in public. Earlier this month, the judge blocked sections of the law that prohibited guns from being carried in places where alcohol is served, in public libraries or museums, entertainment facilities, and on private property where the owner does not give explicit permission as well as how guns are carried in vehicles.
Response to Bruen
The judge did allow for restrictions in airports, medical facilities, playgrounds, youth sporting events and zoos as she determined that the the plaintiffs have “not come forward with strong historical evidence” to overturn the ban.
Gov. Phil Murphy and Democratic legislative leaders crafted a number of new gun safety laws after the U.S. Supreme Court struck down New York’s concealed carry law in New York State Rifle & Pistol Association Inc. v. Bruen.
Murphy’s Law
Under the law signed in December 2022, the list of sensitive places where concealed carry would not be permissible included high-density locations such as entertainment venues, including stadiums, arenas, amusement parks, casinos, racetracks, and publicly owned libraries and museum; youth sporting events and other recreational facilities, such as public parks, beaches, and playground; bars, restaurants where alcohol is served, and any other locations that serve alcohol for on-premises consumption; and airports and public transportation hubs.
Besides high-density locations, the restrictions will to apply to locations with vulnerable populations such as schools, colleges, and universities; daycare and child-care facilities; hospitals; correctional facilities; and homeless shelters. The last area overhauled was locations with governmental and First Amendment activity, including polling places; courthouses; law enforcement stations and offices; government buildings; and demonstrations, protests, and licensed public gatherings.
Second Amendment Issue
Republicans criticized the bill as overreaching and unconstitutional. A lawsuit was filed the same day the bill was by the Association of New Jersey Rifle & Pistol Clubs that contended that the Bruen decision “guarantees the right of the people to carry handguns in public for self-defense” that would not be allowed by the new law.
A second suit was filed days later by the Second Amendment Foundation, Firearms Policy Coalition Inc., Coalition of New Jersey Firearm Owners and New Jersey Second Amendment Society challenging the law. The two lawsuits have since been consolidated.
Bumb noted in her ruling that the “State may regulate conduct squarely protected by the Second Amendment only if supported by a historical tradition of firearm regulation….Plaintiffs do not allege a bare constitutional deprivation, but that they fear the threat of severe criminal penalties if they choose to exercise their Second Amendment rights.”
Plaintiffs, GOP Response
Scott Bach, executive director of the Association of New Jersey Rifle & Pistol Clubs, said the ruling is the first step in their bid to permanently block the new law.
“This marks the beginning of the end for Gov. Murphy’s blatantly unconstitutional new carry law, which is going down in flames,” Bach said in a statement.
After the last ruling, State Sen. Edward Durr (R-3) reiterated that if Democrats listened to the concerns Republicans had raised, “they could have saved themselves the embarrassment— and taxpayers the cost—of defending a clearly unconstitutional law in federal court.”
“Governor Murphy and Trenton Democrats have not hidden the fact that they dislike the 2nd Amendment and are trying to circumvent a U.S. Supreme Court ruling that reaffirmed the constitutional rights of New Jerseyans to protect themselves,” stated Durr. “It’s clear the law will ultimately be struck down.”
Dems to Fight On
But Murph and his key allies said while they were disappointed that what they view as common sense restrictions were denied, they vowed to continue to fight for the law.
“Our law pursues common sense boundaries that keep dangerous weapons out of places of learning and recreation where there are children, families, and folks going about their lives in peace,” said Assembly Speaker Craig Coughlin (D-19), who along with State Senate President Nick Scutari (D-22) recently had their motion to intervene in the case to defend the law approved.
“I am disappointed, but we have joined the lawsuit to ensure our voice is heard in the legal process and look forward to the full law taking effect to keep our communities safe.”
Report: NJ Gov. Murphy Office Warned ‘Patients Will Die’ Before Ordering COVID Patients into Nursing Homes
‘Patients will die,’ an administrator reportedly told Murphy’s office.
“Democratic New Jersey Governor Phil Murphy’s office was warned that ordering nursing homes to readmit residents recovering from COVID-19 would lead to unnecessary deaths, a new report reveals.
But Murphy went ahead with implementing the order anyway—KNOWING THAT PEOPLE WOULD DIE!”
https://www.foxnews.com/politics/coronavirus-new-jersey-governor-phil-murphy-nursing-home-patients-will-die
Throw the Bumb out. More seriously, either repeal the 2nd amendment or re-write it. As long as we have “originalists” indoctrinated by the Federalist Society, the 2nd should apply solely to MUSKETS.
“Gov. Phil Murphy and Democratic legislative leaders crafted a number of new gun safety laws…”
Safety laws? What evidence do you have that these laws would make ANYONE safer? Or are you just repeating the administration’s talking points?
Is this a news article…or a stealth editorial? Asking for a friend.
THese so called guns “safety” laws have nothing do to with safety. They are designed ONLY to PUNISH Murphy’s political opposition. These laws only punish peaceful non criminal law abiding gun owners. If Murphy and the democrats actually cared about the fact the almost ALL of the gun crime occurs in NEwark, PAterson, Camden, and other inner city areas dominated for decades by liberals and progressives, if he really cared about the lives and safety of people in these places he would make it easier to obtain and carry firearms. Most gun crime is commmitted with ILLEGAL firearms and these laws with do nothing to stop this.
That any one would believe for a second that any of these laws has anything do to with safety shows you how stupid, brainwashed, ignorant and gullable we’ve become as a society.
Murphy and the dems have created a vindictive politicized set of laws designed to punish their political opponents, and promoted it as a “safety” bill. Its the same as all the bogus COVID restrictions like school closures and useless mask mandates.
People will DIE b/c they are denied their basic human rights to self defense. And that blood is only Murphy and the dems hands.
These people care about one thing :power and they will sacrifice peopl’s lives in the pursuit of power for themselves.
The second defeat of the concealed carry gun law is absurd. It is apparent that in NJ and in the Nation we will not implement common sense gun laws. These Second Amendment freaks are extreme as if that amendment is sacrosanct. Absurd. Unjust. No peace. Feeding on fear.
What evidence do you have that your theory is correct? With people like you we will never move forward, make progress, and make thoughtful and reasoned decisions in a country that has escalated in violence and hatred.
Anyone, even a so-called law abiding citizen can go berserk and lose all common sense, rationality, and composure. We’ve seen plenty evidence of that since the disgraced ex-president came to power. What evidence do you have that packing guns will foster safety?
I am a 2nd amendment “freak” . If I said to you that you were a FREE speech freak you might get insulted. Free speech and freedom of consciennce is a basic human right that a gov is there only to protect. Similarly self defense ( the right to carry weapons) is a basic human right. What is FREAKISH is to oppose this.
There is massive worldwide evidence that has been known for decades that the more guns a society has in private hands and the more people are able to defend themselves the less crime there is.
If you only took … maybe a little effort to understand the arguments from the 2nd amendment side instead of reactiing with emotion out of ignorance you would understand
An armed society is a peaceful society
https://www.amazon.com/More-Guns-Less-Crime-Understanding/dp/0226493660
Once again if you spent even a LITTLE effort to learn the arguments from the other side…
PPL who own and carry guns have a much lower rate of criminal behavior than others.
https://www.amazon.com/More-Guns-Less-Crime-Understanding/dp/0226493660