Federal Judge Strikes Down Most Of Blue State Law Regulating Concealed Carry

(Photo by MICHELE EVE SANDBERG/AFP via Getty Images)

Peter Khawand Contributor
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A New Jersey federal judge, Renée Marie Bumb, approved a preliminary injunction against parts of New Jersey’s strict concealed carry law Tuesday.

The New Jersey law prohibits concealed carry in “sensitive places” including restaurants where alcohol is served, parks, beaches, movie theaters, casinos and other entertainment locations, the bill text says. The legislation asserts that “the sensitive-place prohibitions on dangerous weapons set forth in this act are rooted in history and tradition.”

The state overhauled previous concealed carry legislation in order to cooperate with the recent Bruen decision by the Supreme Court, which made it harder to regulate concealed carry, upholding a standard requiring states to cite historical tradition as a foundation for their laws.

“And despite assurances by the State that it would present sufficient historical evidence as required by Bruen to support each aspect of the new legislation, the State failed to do so,” Bumb’s 235 page opinion detailed. Her decision suspends liability insurance requirements for gun owners and expands previous court orders blocking gun carry bans in certain locations, Politico reported. (RELATED: Federal Judge Slaps Down Laws Barring 18- To 20-Year-Olds From Buying Handguns)

“This Court is painfully aware of the gun violence that has plagued our Nation,” Bumb wrote. “But what the State and the Legislature-Intervenors ignore, and what their empirical evidence fails to address, is that this legislation is aimed primarily—not at those who unlawfully possess firearms—but at law-abiding, responsible citizens who satisfy detailed background and training requirements and whom the State seeks to prevent from carrying a firearm in public for self-defense.”

New Jersey Attorney General Matt Platkin said the State will be “appealing immediately” in a statement Tuesday.

“Over and over, evidence has shown that keeping firearms out of sensitive places will keep our residents safe,” Platkin contended, “But the court now insists that we are powerless to protect New Jersey residents.”

“Clearly, the State disagrees with Bruen,” Bumb said in her opinion. “But it cannot disobey the Supreme Court by declaring most of New Jersey off limits for law-abiding citizens who have the constitutional right to armed self-defense.”