Court Halts NJ's New Concealed-Carry Law

CAMDEN, NJ — A federal judge granted a motion to temporarily strike down a recently passed New Jersey law that limits the concealed carry of firearms. Monday's ruling marks a legal victory for the gun-rights groups who sued the state on the day of the law's passage.

The new measure prohibits the public from carrying firearms in certain "sensitive" locations, even if they have a concealed-carry permit. Gov. Phil Murphy signed the bill into law Dec. 22 — the same day the National Rifle Association (NRA) announced it would challenge it in court.

U.S. District Judge Renée Marie Bumb granted the plaintiffs' motion for a temporary restraining order, which makes the law unenforceable as the legal battle for a final decision plays out. The state plans to continue defending the new law in court.

"We are disappointed by the Court’s ruling, which is inconsistent with the Second Amendment and will make New Jerseyans considerably less safe. But this temporary order is just that: temporary," state Attorney General Matthew J. Platkin said in a statement. "And we look forward to continuing to press our case, including ultimately on appeal."

But the federal judge said the suing parties demonstrated a "probability of success" on the merits that New Jersey's law is unconstitutional.

"The deprivation of Plaintiffs’ Second Amendment rights, as the holders of valid permits from the State to conceal carry handguns, constitutes irreparable injury," Bumb wrote in the 60-page ruling, "and neither the State nor the public has an interest in enforcing unconstitutional laws."

The new state law prohibits the possession of firearms in various locations, including the following:

High-density areas:

• 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 playgrounds
• Bars, restaurants where alcohol is served and any other locations that serve alcohol for on-premises consumption
• Airports and public transportation hubs

Locations with vulnerable populations:

• Schools, colleges, and universities
• Daycare and child-care facilities
• Hospitals and health care facilities
• Long-term care facilities and nursing homes
• Correctional facilities, juvenile justice facilities, and halfway houses
• Homeless shelters

Locations of governmental and "First Amendment" activity:

• Polling places
• Courthouses
• Law enforcement stations and offices
• Government buildings and locations with government meetings
• Demonstrations, protests, and licensed public gatherings

The law also prohibited the carrying of firearms onto private property — including homes, businesses, stores, and houses of worship — unless the property owner expressly communicated permission through specific language. Police and private security guards are exceptions to the rules.

Additionally, New Jersey added regulations to the concealed-carry application process, while expanding ineligibility to the following groups:

• Persons with an outstanding arrest warrant for an indictable offense
• Those subject to certain restraining orders, including people who violated a temporary or final restraining order
• People subject to voluntary admissions to mental institutions or hospitals

People in New Jersey still need a permit to carry a handgun. But the U.S. Supreme Court's June 23 decision on New York State Rifle and Pistol Association v. Bruen overturned state laws that allowed government agencies to issue concealed-carry permits only if someone demonstrates a "justifiable need."

New Jersey's new limits to concealed carry passed largely through Democratic majorities, with both parties anticipating a court battle upon passage. But Republican lawmakers didn't expect the law to survive those legal challenges.

"To my Democrat colleagues, I hate to say 'I told you so,' but I told you so," said State Sen. Anthony M. Bucco (R-25). "Maybe now they’ll be willing to work with us on sensible solutions to ensure that the legal concealed carry of firearms can be practiced in a safe manner in accordance with the U.S. Supreme Court’s decision in Bruen."

Plaintiffs in the case also include the Second Amendment Foundation; Firearms Policy Coalition, Inc.; Coalition of New Jersey Firearm Owners; and New Jersey Second Amendment Society.

"We are pleased that Judge Bumb recognizes the plaintiffs’ probability of success in challenging a law restricting the right to bear arms in public that has no basis in this country’s history or tradition," said Adam Kraut, the Second Amendment Foundation's executive director.

In response to the Bruen ruling, New York passed a similar state law that prohibits firearms from "sensitive" areas, including stadiums, parks and public transit. The law remains intact for now. Last month, a federal appeals court temporarily halted the rulings of lower courts that blocked key sections of the law. The three-judge panel of the U.S. Court of Appeals for the Second Circuit includes appointees by former Presidents Bill Clinton, George W. Bush and Donald Trump.

Bumb is a Bush appointee — something that didn't go unnoticed in Murphy's administration.

"While we are pleased that most of our concealed carry law remains in effect, we are disappointed that a right-wing federal judge, without any serious justification, has chosen to invalidate common sense restrictions around the right to carry a firearm in certain public spaces," said a spokesperson for the Office of the Governor. "We are working closely with the Attorney General’s Office to correct this errant decision and to ensure that the law will be reinstated in its entirety."