Following the important Supreme Court ruling in New York Rifle & Pistol Association Inc. v. Bruen, New Jersey was among a handful of states that tossed their carry law in the pretense of following the ruling, then quickly passed a more restrictive law to take its place.
In New Jersey’s case, the new law made it nearly impossible to carry in much of the state. In fact, the law made it illegal to carry a firearm in 26 categories and 115 subcategories of places that together cover nearly every square inch of public space throughout the Garden State.
New Jersey Concealed Carry Restrictions Challenged
Order In The Court
Soon after the law was passed, the Second Amendment Foundation (SAF), the Firearms Policy Coalition (FPC), the Coalition of New Jersey Firearm Owners (CNJFO), the New Jersey Second Amendment Society (NJSAS), and four private citizens filed a lawsuit, Koons v. Platkin, challenging the law.
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In October, a three-judge panel of the 3rd Circuit Court of Appeals upheld a preliminary injunction that plaintiffs won at the district court for the carry of loaded, operable firearms in private vehicles and carry on private property open to the public without the owner’s express consent or signage.
However, the panel upheld numerous “sensitive places” provisions, including carry bans in many categories of locations, such as parks, beaches, playgrounds, zoos, libraries, museums, bars, casinos, permitted events, and healthcare facilities.
Last week, however, the 3rd Circuit granted en banc review in the case, meaning the full 3rd Circuit will soon consider the challenge—a major win for New Jersey gun owners.
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“We are thrilled the court has agreed to hear this case with the full panel of judges,” Adam Kraut, SAF executive director, said in a news release announcing the ruling.
“The provisions left in place after the three-judge review fly in the face of not only the Second Amendment, but also the Supreme Court’s ruling in Bruen. We are optimistic the court will rule in our favor and finally stop infringing on the constitutional rights of New Jersey residents.”
More Carry Progress
That is just one facet of the winning by gun-rights proponents in the Ocean State. Another thing the new post-Bruen law did was increase the cost of a concealed carry permit to $200. Currently, $50 of the fee is paid directly to the Superintendent of the State Police, while the remaining $150 goes to the applicant’s municipality.
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In a clever tactic, the National Rifle Association’s Institute for Legislative Action (NRA-ILA), New Jersey Firearm Owners Syndicate (NJFOS), and Citizens Committee for the Right to Keep and Bear Arms (CCRKBA) set out to appeal to municipalities to waive the $150 portion of the fee earmarked for municipalities. And that effort is gaining steam.
On December 10, Toms River city councilors voted to waive the fee, making that community the 13th to do so voluntarily. Toms River is the second-largest municipality in Ocean County and the largest to pass a fee nullification resolution.
With the recent vote in Toms River, the list of towns now includes Englishtown and Howell Township (Monmouth County), Franklin Borough, Hardyston, Vernon and Hopatcong (Sussex County), Dumont and Cresskill (Bergen County), Butler (Morris County), Medford Lakes (Burlington County), Readington (Hunterdon County), and Beachwood and Toms River (Ocean County).
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Ultimately, New Jersey is still a state where lawful gun owners have their rights infringed upon with great frequency. However, the ongoing efforts have the potential to make the state a little more gun-friendly, one small step at a time.
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