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We’ve been covering closely the shenanigans in New Jersey concerning carry. Just the other day, I made the prediction that gun owners will be victorious in the long run, and I stand by that. As fate would have it, the preliminary injunction that we covered a few weeks ago has had a partial stay placed on it by the Third Circuit Court of Appeals. While this is a blow, it’s not the end of the world for Garden State gun owners.

The order was delivered by a three-judge panel, where one judge dissented from the majority. The stay sets back New Jersey carriers a bit on where they can and can’t carry, however the State did not get the full kitchen sink they were hoping for. From the order, the state is no longer enjoined from enforcing the ban on carrying in the following “sensitive” areas . . .

The requested stay is GRANTED as to the preliminary injunction of N.J. Stat. Ann. §§ 2C:58-4.6(a)

(6) within 100 feet of a place where a public gathering, demonstration or event is held for which a government permit is required, during the conduct of such gathering, demonstration or event;

(9) a nursery school, pre-school, zoo, or summer camp;

(10) a park, beach, recreation facility or area or playground owned or controlled by a State, county or local government unit, or any part of such a place, which is designated as a gun-free zone by the governing authority based on considerations of public safety;

(12) a publicly owned or leased library or museum;

(15) a bar or restaurant where alcohol is served, and any other site or facility where alcohol is sold for consumption on the premises;

(17) a privately or publicly owned and operated entertainment facility within this State, including but not limited to a theater, stadium, museum, arena, racetrack or other place where performances, concerts, exhibits, games or contests are held;

(18) a casino and related facilities, including but not limited to appurtenant hotels, retail premises, restaurant and bar facilities, and entertainment and recreational venues located within the casino property;

(21) a health care facility, including but not limited to a general hospital, special hospital, psychiatric hospital, public health center, diagnostic center, treatment center, rehabilitation center, extended care facility, skilled nursing home, nursing home, intermediate care facility, tuberculosis hospital, chronic disease hospital, maternity hospital, outpatient clinic, dispensary, assisted living center, home health care agency, residential treatment facility, residential health care facility, medical office, or ambulatory care facility;

The good news is the blanket ban on private property carry is still blocked, as is insurance mandate. And there are plenty of places permit carry holders can carry their firearm in New Jersey, including film sets, which should please Alec Baldwin. 

The stay is just a small speed bump on the judicial process. We might be a year or two away from arguments ending and getting a full opinion from Judge Renee Marie Bumb in the Federal District Court for New Jersey. Bumb’s 230-page preliminary injunction was poetry, and I find it hard to believe that she won’t issue a final opinion that’s consistent with what she formerly enjoined or that she’ll be convinced to reverse even more of the unconstitutional measure.

We’ll be watching the progress of these cases and report back with any changes that may occur. 

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28 COMMENTS

  1. Criminals don’t have to guess, they know exactly where to find defenseless victims…don’t they?

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  2. New Jersey has been the retarded little brother of New York for decades.. So who is surprised by this ruling? Really.

    • I am surprised they kept more of their rights post injunction challenge than we did at the same step 3 months ago so good for them. We will see how the 2nd circuit actually rules on the blocked injunction/district court decision in the coming days/weeks/months/risking attention from higher court.

  3. Is New Jersey even issuing permits in appreciable numbers, yet? 🙁

    • There’s approximately 56,000 PTC Holders in New Jersey as of now, according to Evan F. Nappen.

      He’s the biggest 2A Attorney in NJ.

      • “There’s approximately 56,000 PTC Holders in New Jersey as of now, according to Evan F. Nappen.”

        Thanks!

        Out of a population of 9+ million. Could be better, I suppose…

      • Does this include out of state permit holders? We had a lot from my area (at least 2 dozen) go for it and get it over the last year.

      • “BTW, that’s up from only 1,200 in May of 2022.”

        I wouldn’t be surprised if only one person was manning the permit desk, knowing how those fascists operate… 🙁

  4. Apparently, it is fashionable for blue states to prohibit licensed carry in a multitude of venues where people gather. And while I could possibly entertain the thought of debating about why it could be very bad to start shooting in self-defense in a crowded venue, what I cannot stomach is how you are supposed to walk defenseless to and from that venue.

    • Dueling injunctions in the 2nd and 3rd courts with different results thus far. We have the beginnings of a circuit split but will see how the final rulings come out in the coming months.

    • crowded venues are where a lot of shootings happen…particularly when there are a lot of “Amish” around….

  5. A privately owned.
    Now hold on there just a minute mister Dick Tator. If its privately owned why doesn’t the owner get the say so on who can do what?
    I was walking into the kitchen and all of a sudden thought about Chesterfield cigarettes? WTF

    • Tell me you do not understand the judicial process without telling me you do not understand the judicial process.

      • Just one of many, many things he does not understand. Mental illness is his cross to bear. Along with his poor mother and the rest of society.

      • SAFEupstate,

        That is the usual modus operandi of BOTH dacian the demented AND MajorLiar. Be ignorant, fail to educate yourself, and claim knowledge you don’t have. But, they are both legends in their own minds.

        • I kinda get that but it seems weird to either not even have an interest in learning more or at least improving one’s talking points. But then I remember it’s cut rate propaganda to begin with and they are probably just going through the motions.

      • Hasn’t even gotten that high lately and there are cracks forming in several areas of gun control. Shame everything takes so long but the 3rd, 2nd, 5th, and 9th have a bunch of interesting cases that can draw immediate attention if not consistent.

    • @dacian

      “As usual the pro-gun side got little or nothing from the courts,”

      In its proper context of places to carry, a context you failed to realize but that’s not a surprise with you, getting ~90% is not “little or nothing” dacian.

    • dacian, the DUNDERHEAD, Just wait until it goes to the Supreme Court. Again, you will get your comeuppance.

  6. NJ should be ground zero when it comes to resisting gun restrictions…just keep plugging away

  7. “(6) within 100 feet of a place where a public gathering, demonstration or event is held for which a government permit is required, during the conduct of such gathering, demonstration or event;”

    Does that mean carry is still off limits “within 100 feet” of a place where “a public gathering” takes place which does not require “a government permit” ?

    Whats the definition of “public gathering” used here?

    • With Governor Murphy in charge of this state, I bet he’ll interpret “public gathering” as any place there is more than one person “gathered,” such as a backyard barbecue!
      Slight exaggeration, perhaps — or is it? I wouldn’t put it past Murphy to arrest people for carrying at their own backyard barbecue!

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