Judge Strikes Down NJ Gun Restrictions In Temporary Order

CAMDEN, NJ — A federal judge dealt another blow to New Jersey's new concealed carry law Monday, temporarily expanding the number of locations where the state cannot ban firearms.

A coalition of gun owners and Second Amendment-advocacy groups challenged the state law, passed Dec. 22, which prohibits the public from carrying firearms in certain "sensitive" locations, even if they have a concealed-carry permit. Judge Renée Marie Bumb granted their request in Camden Federal Court to extend a temporary restraining order, rendering portions of the law unenforceable as the legal battle plays out.

Attorney General Matthew J. Platkin has said that the state will continue pressing the case, "including ultimately on appeal."

Bumb, a George W. Bush appointee, granted a temporary restraining order on the same law Jan. 9 during a separate legal challenge against the concealed-carry regulations.

Monday's ruling allows permit-holders to carry firearms in the following locations: parks, beaches, recreational facilities/areas, libraries, museums, bars, restaurants and entertainment facilities.

Bumb also temporarily struck down the regulation prohibiting people from carrying a firearm into private property, unless the owner expressly forbids it. The law, as written, only allowed firearms onto private property if the owner expressly communicated permission.

"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 46-page ruling.

The judge allowed the ban to stand at other locations covered by the law, including playgrounds, youth sporting events, airports, zoos, movie theaters, airports and medical facilities.

Background On The Concealed-Carry Law

Several events around the nation last year prompted state Democrats to strengthen New Jersey's firearm restrictions: the deadly mass shootings last spring in Buffalo, New York, and Uvalde, Texas, and the U.S. Supreme Court scaling back concealed-carry restrictions.

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."

Murphy signed several bills into law July 5, which included a safety-training requirement for purchasing a firearm, prohibiting .50 caliber rifles and requiring gun retailers to sell microstamping-enabled firearms. Read more: NJ Beefs Up Gun Laws After String Of U.S. Mass Shootings

The governor signed a law in December that restricted the concealed carry of firearms in certain locations, which passed with Democratic majorities. Despite Democrats and Republicans knowing legal challenges would ensue, the law prohibited firearms in the following locations:

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