Federal Judge Blocks More of New Jersey Gun Law’s Restrictions

Lisa Caso sells guns at Caso's Gun-A-Rama store on March 25, 2021 in Jersey City, New Jersey. (Spencer Platt/Getty Images)

A federal judge on Jan. 30 blocked additional portions of a recently enacted New Jersey gun law, just weeks after blocking other parts of the law that she said posed “considerable constitutional problems.”

The law in question, signed on Dec. 22 by the state’s Democrat Gov. Phil Murphy, makes it a third-degree felony to knowingly carry a firearm into an exhaustive list of “sensitive” places like schools, libraries, museums, places where alcohol is served, public parks, and private property unless the owner “expressly communicates permission through express consent or specific signage.”

On Jan. 9, U.S. District Judge Renée Marie Bumb issued a temporary restraining order blocking enforcement of the law in some of the restricted spaces—specifically public libraries or museums; bars, restaurants, and places where alcohol is served; entertainment facilities; and private property. The judge also blocked enforcement of the law’s ban on functional firearms in vehicles.

Monday’s order (pdf), issued in favor of the Association of New Jersey Rifle and Pistol Clubs (ANJRPC) and seven gun owners, expands the list of places where the law cannot be enforced to include beaches, casinos, and public parks. The judge sided with the state on playgrounds, however, holding that they “fall within the sphere of schools” as a historically recognized gun-free zone.

ANJRPC Executive Director Scott Bach, responding to the ruling, said, “This marks the beginning of the end for Governor Murphy’s blatantly unconstitutional new carry law, which is going down in flames.”

The new law was crafted directly in response to the U.S. Supreme Court’s June ruling in New York State Rifle & Pistol Association v. Bruen recognizing a constitutional right to carry firearms in public for self-defense—a fact the New Jersey governor acknowledged when he signed the law.

“Today’s bill signing is the culmination of months of negotiations between this Administration and our partners in the Legislature, delivering on the promise I made this summer to keep New Jersey safe in the aftermath of the Supreme Court’s awful decision,” Murphy said in a statement. “While I strongly disagree with that decision, we must abide by it, and today’s law fully respects the Second Amendment while keeping guns out of the wrong hands and preventing them from proliferating in our communities.”

However, in a 46-page opinion (pdf), the judge seemed skeptical that the law was compatible with the Second Amendment.

“The State may regulate conduct squarely protected by the Second Amendment only if supported by a historical tradition of firearm regulation,” she wrote. “Here, Defendants cannot demonstrate a history of firearm regulation to support these challenged provisions for which they have demonstrated Article III standing.

“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,” she added, “and neither the State nor the public has an interest in enforcing unconstitutional laws.”

The Jan. 30 restraining order will remain in effect pending a hearing and ruling on the plaintiffs’ motion for a preliminary injunction. The first order also remains in effect.

Responding to the new order in a statement, Tyler Jones, a spokesperson for the governor, said, “We look forward to being able to appeal the ruling and are confident that it will be reversed.”

Reuters contributed to this report.