Federal Judge Renee Marie Bumb issued her second restraining order in just a few weeks on Monday aimed at temporarily blocking the enforcement of Trenton’s draconian anti-concealed carry law.
Click here to read the 46-page order.
“Plaintiffs have demonstrated a probability of success on the merits of their Second Amendment challenge to certain provisions of Chapter 131 Section 7(a), specifically: Subparts 10 (parks, beaches, and recreational facilities/areas), 12 (public libraries or museums), 15 (bars, restaurants, and where alcohol is served), 17 (entertainment facilities), 18 (casinos), and 24 (private property); Section 7(b)’s ban on functional firearms in vehicles; and related pre-Bruen New Jersey statutes—N.J.A.C. 7:2–2.17(b) and N.J.A.C. 13:69D–1.13,” wrote Bumb. “The State may regulate conduct squarely protected by the Second Amendment only if supported by a historical tradition of firearm regulation. 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, and neither the State nor the public has an interest in enforcing unconstitutional laws.”
“Temporary restraining orders like the ones issued are generally considered extraordinary and nearly-impossible to obtain,” explained the Association of New Jersey Rifle and Pistol Clubs. “While they are not a guarantee that the carry-killer law will continue to be blocked throughout the duration of the case, they strongly suggest that is likely. Also, at the next stage of the case (preliminary injunction stage), it is possible that additional aspects of the law will be blocked.”
Second Amendment advocates were quick to celebrate.
“Governor Murphy and Trenton Democrats have not hidden the fact that they dislike the 2nd Amendment and are trying to circumvent a U.S. Supreme Court ruling that reaffirmed the constitutional rights of New Jerseyans to protect themselves,” said state Senator Ed Durr (R-3). “Thankfully, several groups have challenged the Democrats’ unconstitutional new law and a judge has blocked enforcement of most of the law in a pair of rulings. It’s clear the law will ultimately be struck down.”
“Had Democrats listened to any of the concerns we raised when they rushed the bill through the Legislature, they could have saved themselves the embarrassment, and taxpayers the cost, of defending a clearly unconstitutional law in federal court,” Durr added.
