{"id":89697,"date":"2023-01-30T16:25:54","date_gmt":"2023-01-30T22:25:54","guid":{"rendered":"https:\/\/milesfortis.com\/?p=89697"},"modified":"2023-01-30T16:25:54","modified_gmt":"2023-01-30T22:25:54","slug":"89697","status":"publish","type":"post","link":"https:\/\/milesfortis.com\/?p=89697","title":{"rendered":""},"content":{"rendered":"<p><a href=\"https:\/\/bearingarms.com\/camedwards\/2023\/01\/30\/big-win-for-gun-owners-as-federal-judge-grants-second-tro-against-new-jersey-carry-laws-n66757\" target=\"_blank\" rel=\"noopener\">Big win for gun owners as federal judge grants second TRO against New Jersey carry laws<\/a><\/p>\n<p>U.S. District Judge Rene\u00e9 Marie Bumb delivered a second win to New Jersey gun owners and Second Amendment activists challenging the state\u2019s new carry restrictions on Monday, granting a temporary restraining order that halts enforcement of many of the state\u2019s \u201csensitive places\u201d where lawful concealed carry is considered a felony offense.<\/p>\n<p>Bumb had already granted a TRO in\u00a0<em>Seigel v. Platkin<\/em>, another challenge to several of the \u201cgun-free zones\u201d created by New Jersey lawmakers, but the federal court in Camden recently combined that case with\u00a0<em>Koons v. Platkin<\/em>, giving Bumb the chance to take a look at some of the other \u201csensitive places\u201d that were not a part of\u00a0<em>Seigel<\/em>\u2018s initial complaint. On Monday, Bumb\u00a0<a href=\"https:\/\/storage.courtlistener.com\/recap\/gov.uscourts.njd.506033\/gov.uscourts.njd.506033.51.0.pdf\" target=\"_blank\" rel=\"noopener\">issued her ruling<\/a>, finding mostly (but not entirely) in favor of the plaintiffs.<\/p>\n<p>The judge concluded that the plaintiffs do not have standing at this time to challenge the \u201cgun-free zones\u201d in zoos, medical treatment facilities, movie sets, airports, and places covered by Fish and Game Department regulations, but\u00a0<em>are\u00a0<\/em>in a position to seek a restraining order against the following \u201csensitive places\u201d:<\/p>\n<ul>\n<li>public parks, beaches, recreational facilities, playgrounds<\/li>\n<li>youth sports events<\/li>\n<li>casinos<\/li>\n<li>public libraries and museums<\/li>\n<li>bars and restaurants where alcohol is served<\/li>\n<li>entertainment facilities<\/li>\n<li>private property unless indicated otherwise by owner<\/li>\n<li>private vehicles<\/li>\n<\/ul>\n<p>Of all those locations, the only ones that Bumb did not subject to the temporary restraining order are the prohibitions on concealed carry on playgrounds and at youth sporting events.<\/p>\n<blockquote><p>In Bruen and Heller, the Supreme Court expressly identified restrictions at certain sensitive places (such as schools) to be well-settled, even though the 18thand 19th-century evidence has revealed few categories in number. Bruen, 142 S.Ct. at 2133 (citing Heller, 554 U.S. at 626)). The inference, the Court suggested, is that some gun-free zones are simply obvious, undisputed, and uncontroversial. These are: (a) certain government buildings (such as legislative assemblies or courthouses or where the Government is acting within the heartland of its authority), (b) polling places, and (c) schools. Id.<\/p>\n<p>Bruen further instructs courts to consider analogies to such sensitive places when considering whether the Government can meet its burden of showing that a given regulation is constitutionally permissible. Id. Here, Defendants subsume playgrounds within their discussion of historical statutes that regulate firearms where crowds gather and where the vulnerable or incapacitated are located. [See Defs.\u2019 Opp\u2019n at 34\u201335.] Unfortunately, Defendants neither point to a particular or analogous prohibition on carrying firearms at playgrounds nor provide a more meaningful analysis, despite this Court\u2019s persistent invitation.<\/p>\n<p>In particular, Defendants have done no analysis to answer the question Bruen leaves open: is it \u201csettled\u201d that this is a location where firearms-carrying could be prohibited consistent with the Second Amendment? Where the right to self-defense and sensitive place designations could be read in harmony under the Second Amendment? For that matter, nor have Plaintiffs. This issue must be explored at the preliminary injunction stage. Despite these shortcomings, the Court concludes that schools and playgrounds intersect, that is, playgrounds fall within the sphere of schools. Therefore, under Bruen, the Court \u201ccan assume it settled\u201d that playgrounds are a \u201csensitive place.\u201d See Bruen, 142 S.Ct. at 2133. Accordingly, because Plaintiffs cannot meet their burden as to their challenge to playgrounds in Subpart 10, the Motion will be denied as to playgrounds.<\/p><\/blockquote>\n<p>It\u2019s entirely possible that even this \u201csensitive place\u201d could fall once the case proceeds further, though Bumb seems more convinced that the prohibition on carrying at \u201cyouth sporting events\u201d overlaps enough with \u201cschools\u201d that its probably okay to ban firearms there. I disagree, particularly given that many youth sporting events are run by leagues that aren\u2019t school-affiliated at all, but the plaintiffs still have a chance to make their argument at future hearings over an injunction. But in the meantime Bumb has delivered a solid opinion in favor of the Second Amendment rights of all New Jersey residents by telling the state it can\u2019t enforce its carry prohibitions in most of their \u201csensitive places\u201d, at least in the near term.<\/p>\n<p>This doesn\u2019t mean, by the way, that all entertainment venues, casinos, and diners are going to be welcoming concealed carry holders. Private property owners can still ban concealed carry if they choose to do so, but under Bumb\u2019s TRO the state\u2019s presumption that\u00a0<em>all\u00a0<\/em>private property is off-limits unless otherwise noted is a non-starter. All in all this is\u00a0<em>very\u00a0<\/em>good news for New Jersey gun owners, and likely the first of many disappointments to come for civil rights abusers like Gov. Phil Murphy and his anti-2A ilk in the legislature.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Big win for gun owners as federal judge grants second TRO against New Jersey carry laws U.S. District Judge Rene\u00e9 Marie Bumb delivered a second win to New Jersey gun owners and Second Amendment activists challenging the state\u2019s new carry restrictions on Monday, granting a temporary restraining order that halts enforcement of many of the &hellip; <a href=\"https:\/\/milesfortis.com\/?p=89697\" class=\"more-link\">Continue reading<span class=\"screen-reader-text\"> &#8220;&#8221;<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[23,8,17],"tags":[],"class_list":["post-89697","post","type-post","status-publish","format-standard","hentry","category-courts","category-rkba","category-self-defense"],"_links":{"self":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts\/89697","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=89697"}],"version-history":[{"count":1,"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts\/89697\/revisions"}],"predecessor-version":[{"id":89698,"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts\/89697\/revisions\/89698"}],"wp:attachment":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=89697"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=89697"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=89697"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}