Supreme Court's Gun Law Ruling 'Undermines' NJ's Safety: AG

NEW JERSEY — The U.S. Supreme Court overturned a New York state law Thursday that limits people from carrying concealed handguns. The ruling could significantly impact similar restrictions in New Jersey.

The 6-3 decision, with an opinion by Justice Clarence Thomas, ruled that New York restrictions violate the Second Amendment. The ruling had been largely expected ever since the majority-conservative court heard arguments in November, with most justices appearing skeptical of the state's century-old law.

The law forces anyone seeking to carry a gun outside their home to go through an extensive review process that requires them to prove they have some extra need to do so — for example, working as a security guard, as THE CITY reported this month.

Carrying a handgun without a permit remains illegal in New Jersey, according to Acting Attorney General Matthew J. Platkin.

But during an interview with NPR — released hours before the Supreme Court's decision — Platkin claimed that a decision to overturn New York's law "would undermine public safety."

"It would tremendously impact our ability to keep New Jerseyans safe if we lose the justifiable-needs requirement," Platkin said.

In New Jersey, private citizens must demonstrate a "justifiable need" to carry a concealed handgun. Under the law, New Jerseyans often must detail an urgent need for self-protection because of specific threats or previous attacks to obtain a carry permit. Police chiefs or the New Jersey State Police superintendent have discretion in determining whether to issue a concealed weapons permit.

The New Jersey Office of the Attorney General will need to review the court's decision to know how exactly it will impact state law, Platkin told NPR. But Gov. Phil Murphy says his administration will look for alternatives for limiting concealed carry.

"Anticipating this decision, my Administration has been closely reviewing options we believe are still available to us regarding who can carry concealed weapons and where they can carry them," Murphy said in a statement. "We are carefully reviewing the Court’s language and will work to ensure that our gun safety laws are as strong as possible while remaining consistent with this tragic ruling."

Murphy said the high court's ruling was based on "a deeply flawed constitutional methodology" that "will make America a less safe country."

State lawmakers are in the midst of considering a series of gun-related measures, including measures that would require training to purchase a firearm, ban weapons of .50-caliber or greater and raise the minimum age for purchasing shotguns and rifles from 18 to 21.

The proposals come from a gun-control package Murphy's administration put forth in April 2021. The bills stalled for more than a year in the Democrat-controlled state Legislature, but the governor intensified calls for the Legislature to pass it in the wake of mass shootings in Buffalo, New York, and Uvalde, Texas.

Republican lawmakers in New Jersey have criticized the proposals, saying they add hurdles for law-abiding citizens.

"Their (Democrats') narrative that the government restricting our freedom somehow makes everyone safer is a lie," Republican Assemblymembers Robert Auth and Vicky Flynn said in a joint statement. "Criminals ignore gun laws. New Jersey needs to look at going after the bad guys, not the responsible gun owners."

Platkin, however, believes that New Jersey needs certain restrictions on firearms.

"What works in Wyoming doesn’t necessarily work in the densest state in the country," Platkin told NPR. "When concealed carry is much more available ... confrontations become more violent and potentially more deadly."

Following the Supreme Court ruling, state Sen. Ed Durr promoted legislation he put forth in February that would eliminate the justifiable-need requirement from New Jersey's concealed carry law. The Republican lawmaker's bill has yet to make it out of the Senate Law and Public Safety Committee, and Murphy has objected to the proposal.

Under Durr's legislation, applicants would need to complete 18 hours of training in the use, handling and maintenance of handguns to obtain a permit to carry one.

"If legislative Democrats refuse to act proactively and responsibly as I have proposed to fix our unconstitutional concealed carry law," Durr (R-3) said, "it’s clear they will be forced to by the courts."

With reporting from Nick Garber/Patch Staff.