Gun Display Stands. Pistols for sale in the store. Lutsenko Oleksandr/Adobe Stock In Defense of New Jersey's New Gun-Control Regime
We urge Chief Judge Bumb to keep in mind that there is a long history of state and local governments regulating the possession of arms in public. We urge the attorney general to mount a rigorous defense of our elected representatives.
March 13, 2023 at 10:39 AM
6 minute read
Constitutional Law
At the heart of New Jersey's gun-control regime has been the requirement to show the local chief of police a particularized need to lawfully carry a weapon. In two recent opinions, Chief Judge Renee Bumb first temporarily restrained certain provisions, and then on Jan. 30, in the consolidated action Siegel v. Platkin, extended her TRO to block the bulk of the newly enacted A-4769. Signed by Gov. Murphy, 2C:58-4.2 is our Legislature's revision of the centerpiece New Jersey gun-control laws to comply with the U.S. Supreme Court's New York State Rifle & Pistol Ass'n v. Bruen. Judge Bumb effectively gutted the law, saying it is fundamentally incompatible with the high court majority's Bruen decision. We believe her broad injunction was not necessary. The judge called for an expedited briefing schedule on the motion for a preliminary injunction. But more is needed than briefs—the state should be able to develop a full record on the public health evidence for the court to make the determination regarding the public interest, which is essential to the issuance of an injunction.
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