Judge Taps Brakes on Murphy Gun Laws

Parts of New Jersey’s newly implemented gun control law were blocked Monday by a federal judge who said barring people from carrying firearms in certain places could lead to “considerable constitutional problems.” 

by Sophie Nieto-Munoz, New Jersey Monitor
January 9, 2023

The temporary restraining order issued by U.S. District Court Judge Renee Marie Bumb blocks the section of the law that prohibits guns from being carried into public libraries, museums, bars, restaurants that serve alcohol, and entertainment facilities like stadiums, concerts, and theaters.

Bumb also barred the state from enforcing the law’s ban on guns on private property without the property owner’s consent and its prohibition on firearms in vehicles.

In the 60-page decision, Bumb said the law “essentially renders the entire state of New Jersey a ‘sensitive place’ where firearms are prohibited.”

“The deprivation of plaintiffs’ Second Amendment rights, as the holders of valid permits from the state to conceal carry handguns, constitutes irreparable injury, and neither the state nor the public has an interest in enforcing unconstitutional laws,” said Bumb.

Attorney General Matt Platkin said he plans to appeal as the case continues.

Democrats fast-tracked the new gun law last year after a Supreme Court ruling in June overturned a New York law that placed restrictions on who can obtain concealed carry permits. Murphy signed the bill into law in December.

Bumb suggests the administration “should have been better prepared to defend the legislation’s constitutionality,” considering they anticipated these challenges. During an oral argument, the state could not produce evidence showing that concealed carry permit holders are responsible for an increase in gun crimes, Bumb’s decision says.

“Defendants must do more than promise they will justify the constitutional basis for its legislation later,” she wrote.

New Jersey Monitor is part of States Newsroom, a network of news bureaus supported by grants and a coalition of donors as a 501c(3) public charity. New Jersey Monitor maintains editorial independence. Contact Editor Terrence McDonald for questions: [email protected]. Follow New Jersey Monitor on Facebook and Twitter.

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