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Legal and Activism / Federal Judge Partially Again Restrains New Jersey’s ‘Unconstitutional’ CCW Law
« on: January 30, 2023, 11:20:12 PM »
Federal Judge Partially Restrains New Jersey’s ‘
Unconstitutional’ Concealed Carry Law For Second Time
Judges ordinarily won't grant a TRO against a new law unless they believe the plaintiff is more likely to win the case in court than not.
The NJ law sounds almost identical to the Hawaii proposed bill. Hopefully someone forces the lawmakers to cool their heels until the half dozen other challenges against "sensitive places" laws are decided. TROs should be automatic given the nearly identical content of the bills.
Unfortunately, it looks like the tactic is for all anti-gun states to create the same set of unconstitutional laws in order to force each state's citizen's to challenge them individually.
Shotgun approach. How ironic.
Unconstitutional’ Concealed Carry Law For Second Time
Quote
U.S. District Judge Reneé Marie Bumb placed a second temporary restraininghttps://dailycaller.com/2023/01/30/judge-new-jersey-restraining-order-guns/
order on portions of New Jersey’s concealed carry law Monday, saying “neither
the State nor the public has an interest in enforcing unconstitutional laws.”
Bumb temporarily restrained the law from blocking guns in “sensitive places” like
casinos, public libraries, museums, bars and restaurants where alcohol is served,
entertainment facilities, private property, unless indicated otherwise by owners,
and private vehicles, according to the ruling in the United States District Court for
the District of New Jersey Camden Vicinage. Lawmakers initially passed the law
in December, which requires New Jersey residents who seek a concealed carry
permit to purchase liability insurance and take training courses, while also
increasing permitting fees and prohibiting firearms in “sensitive places.”
“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,” Bumb wrote in the ruling.
Judges ordinarily won't grant a TRO against a new law unless they believe the plaintiff is more likely to win the case in court than not.
The NJ law sounds almost identical to the Hawaii proposed bill. Hopefully someone forces the lawmakers to cool their heels until the half dozen other challenges against "sensitive places" laws are decided. TROs should be automatic given the nearly identical content of the bills.
Unfortunately, it looks like the tactic is for all anti-gun states to create the same set of unconstitutional laws in order to force each state's citizen's to challenge them individually.
Shotgun approach. How ironic.
