New Jersey's restrictive handgun carry law is back in effect thanks to an order from the U.S. Third Circuit Court of Appeals.
A three-judge panel voted 2-1 to permit the ban on carrying guns in so-called sensitive places to take effect, partially reversing a district court injunction on parts of the law U.S. District Judge Renée Marie Bumb had deemed "plainly unconstitutional."
The appeals court order will allow state officials to enforce the law, which bans lawful carry of firearms in certain places. Among the places covered by the court's order are: within 100 feet of certain public gatherings, zoos, bars and restaurants and certain entertainment facilities.
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Other parts of the law are still blocked. A prohibition on carrying guns in vehicles or on movie sets cannot be enforced, and a general ban on carrying firearms on private property — like a retail store — where the owner has not posted signage permitting concealed weapons is still blocked. A property owner may still refuse to allow guns on their premises. The injunction against an insurance mandate for firearms carriers also remains in effect.
However, the order allows most key parts of the law to go into effect, dealing a blow to Second Amendment activists and handing Democratic Gov. Phil Murphy and his administration a win.
"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," said New Jersey Attorney General Matthew Platkin. The "Third Circuit correctly stayed the district court’s dangerous injunction that allowed individuals to carry weapons into places like parks and zoos, libraries and museums, bars and casinos, and permitted demonstrations. This is a tremendous win for public safety, and we will continue fighting for our law."
The 2022 law stemmed directly from the U.S. Supreme Court’s June decision that struck down a New York state law requiring people to show proper cause to get a carry license. The ruling affected states with similar laws, including New Jersey, where carry applicants had to show justifiable need to get a permit.
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In response to the Supreme Court's decision, Democratic state lawmakers and Murphy acted swiftly to ban firearms from being carried in areas designated as "sensitive places."
"I am thrilled that the Third Circuit has reinstated the vast majority of the law that I proudly signed last December to keep guns out of our most sensitive and vulnerable public places," Murphy said in statement.
"Because of this decision, guns will not be allowed to proliferate in locations such as parks, beaches, libraries, bars, and restaurants where alcohol is served," he continued. "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."
The Associated Press contributed to this report.
