New Jersey Appeals Court Upholds Major Gun Carry Restrictions in Sensitive Places
A federal appeals court upheld much of a New Jersey legislation banning weapons in many “sensitive places,” but struck down some unlawful provisions. The Third Circuit Court of Appeals opinion upholds that New Jersey can ban gun carrying in many public locations under present law, but reduces insurance and fee requirements for gun owners.
The issue originates from New Jersey’s response to a 2022 U.S. Supreme Court ruling that allowed public carry and compelled states to follow past precedent. New Jersey passed Chapter 131 to specify prohibited sites for carrying a firearm and other permit requirements. Gun rights groups challenged various sections of that law as Second Amendment violations.
The Third Circuit recently ruled 2-1 that gun prohibitions in parks, beaches, zoos, libraries, museums, entertainment venues, sites where alcohol is served, healthcare institutions, and areas near public meetings are constitutional as “sensitive places.” The majority ruling noted that American laws have previously banned weapons in similar public venues, including civic functions and public safety. In particular, Judge Cheryl Ann Krause found that the historical evidence supports bans in such locales. Judges Krause and Cindy Chung approved these limits.
Some new state regulations were dismissed by the court. It ruled that requiring gun owners to carry $300,000 in liability insurance violates the nation’s firearm control tradition. The court also rejected permit application costs, including the crime victim compensation fund fee, and handgun carry restrictions in private automobiles. Here, the court concluded the statute overreached.
Attorney General Matt Platkin called the ruling a public safety triumph that permits New Jersey to maintain vital resident protections. Gun rights activists were disappointed and considering legal challenges, maybe including an appeal to the U.S. Supreme Court.
Following the Supreme Court’s example, additional states have approved legislation prohibiting gun carry in sensitive places. While many essential aspects of New Jersey’s law remain intact, the ruling clearly defines when regulatory obligations breach constitutional limits.
Sources
AP News coverage of the Third Circuit decision AP News+1
Reuters summary of the ruling’s historical analysis and dissent Reuters
Jurist’s legal explanation of which provisions were upheld and which were blocked jurist.org
