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.