A federal judge on Monday temporarily blocked portions of New Jersey’s new firearms law that creates gun-free zones in various public places.
U.S. District Judge Renée Marie Bumb, who was appointed by former President George W. Bush, granted a temporary restraining order blocking provisions that prevented people from carrying firearms in libraries, museums, bars and restaurants where alcohol is sold, as well as entertainment facilities and private property unless authorized by the property’s owner.
Bumb’s ruling, which takes effect until the court fully considers the case, also pauses enforcement of a provision restricting people from possessing firearms in vehicles, unless the weapon was unloaded and contained in a securely fastened case.
The decision marks a crucial early victory for a group of state residents and gun rights groups’ who challenged the provisions as unconstitutional the same day Gov. Phil Murphy (D) signed the law on Dec. 22.
The lawsuit, however, did not challenge other portions of the law, including other designations of “sensitive places” where possessing firearms isn’t permitted.
Bumb’s decision was rooted in the Supreme Court’s landmark decision last June in New York State Rifle and Pistol Association v. Bruen, which held that individuals have a right to carry a handgun for self-defense outside the home and firearm regulations must be consistent with the country’s “historical tradition.”
“The State may regulate conduct squarely protected by the Second Amendment only if supported by a historical tradition of firearm regulation,” Bumb ruled. “Here, Plaintiffs have shown that Defendants will not be able to demonstrate a history of firearm regulation to support any of the challenged provisions.”
New Jersey had in part contested the plaintiffs’ challenge on standing, meaning their capacity to file the suit. But Bumb rejected the state’s arguments on that front, which largely centered on the residents not showing an imminent injury because they had no concrete plans to visit the challenged locations.
“This has substantially impacted their ability to carry a handgun at all within the State,” Bumb said of the new law. “It is the Court’s view that such threatened injury is sufficient to show standing at this stage with respect to the challenged provisions.”
New Jersey Attorney General Matthew Platkin (D) said he was “disappointed” with the judge’s decision.
“We are disappointed by the Court’s ruling, which is inconsistent with the Second Amendment and will make New Jerseyans considerably less safe,” Platkin said in a statement. “But this temporary order is just that: temporary. And we look forward to continuing to press our case, including ultimately on appeal.”