NJ Gun Restrictions OK'd By New Appeals Court Ruling

NEW JERSEY - An appeals court ruled Tuesday that guns may not be carried in a slew of public places as litigation over gun control law in the state continues.

The controversial bill, which passed last year, prohibits the public from carrying firearms in certain 'sensitive' locations like parks, beaches, libraries, bars and restaurants where alcohol is served, even if they have a concealed-carry permit. Earlier this year, U.S. District Judge Renée Marie Bumb blocked much of the law, temporarily rolling back portions regulating where guns can be carried. Read more: Judge Strikes Down NJ Gun Restrictions In Temporary Order

"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 previously wrote.

Tuesday’s 2-1 decision from the Third Circuit Court of Appeals bans those carrying guns within 100 feet of the aforementioned areas, as well nursery schools, preschools, zoos, museums, casinos, health care facilities and more as the battle in court wages on.

“This decision will make New Jersey a safer state for all of us and will ensure that New Jersey continues to have among the lowest rates of gun violence in the nation,” Gov. Phil Murphy said in a statement Tuesday. “I want to thank Attorney General Platkin and his entire team for this crucial victory, as well as Senate President Scutari and Speaker Coughlin for their support.”

The law’s restrictions on guns in some sensitive areas, like retail stores, inside vehicles and movie sets, are still blocked, POLITICO first reported. The law also prohibits 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.

State legislators passed the controversial restrictions after the Supreme Court ruling in the New York State Rifle and Pistol Association Inc. v. Bruen case in June 2022 lifted state limitations on the public carrying of weapons. People in New Jersey still need a permit to carry a handgun, but the U.S. Supreme Court's June 23 decision overturned state laws that allowed government agencies to issue concealed-carry permits only if someone demonstrates a "justifiable need."

Murphy signed several other 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 the sensitive places law in December that restricted the concealed carry of firearms in certain areas, 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

“We are extremely gratified that the Third Circuit recognized what we have always said: New Jersey is likely to win this case because our sensitive-places law complies with the Second Amendment,” Attorney General Matthew Platkin said in a Tuesday statement. “This is a tremendous win for public safety, and we will continue fighting for our law.”

- With additional reporting by Michelle Rotuno-Johnson and Josh Bakan.