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The Third Circuit Court of Appeals handed the Second Amendment Foundation and its partners a partial victory today in a case challenging New Jersey’s “Sensitive Places Law” but left in place carry restrictions for many public areas.
The case, Koons v. Platkin, challenges New Jersey law that create a series of “sensitive places” in which even permitted concealed carriers are prohibited from carrying their firearms. Those places create a patchwork of overlapping categories such as public gatherings, zoos, parks, beaches, recreation facilities, and more, intended to encompass nearly every square inch of the state.
In the partial victory, the Third Circuit upheld the preliminary injunction SAF won at the district court for some of these categories: youth sports events, private vehicles, public property and private property without the owners express consent. The Court also upheld the injunctions against a tax on the states carry permit, and a liability insurance mandate.
“Today, a panel of the Third Circuit concluded that ‘the People’ have the fundamental right to bear arms in public, with the minor caveat they simply can't do so where people assemble with others, eat and drink, conduct commerce, discuss opinions, seek amusement and recreation, learn, worship, travel on public transit, seek leisure or community, and anywhere children or vulnerable people are normally present,” said SAF Director of Legal Operations Bill Sack. “And even then, in the remaining social wastelands leftover which the court grudgingly allows, one may only carry a firearm for self-defense if they have first secured the subjective endorsement of at least four ‘reputable’ persons. This treatment would not be tolerated in the context of any other constitutional right, and it should not be so here.”
SAF is joined in the case by the Firearms Policy Coalition, the Coalition of New Jersey Firearm Owners, New Jersey Second Amendment Society and four private citizens.
“By upholding the numerous carry prohibitions in New Jersey the Third Circuit continues to tie the hands of peaceable residents who wish to exercise their Second Amendment rights,” said SAF founder and Executive Vice President Alan M. Gottlieb. “This ruling flies in the face of the history and tradition of firearms regulation in the United States and we will continue to fight these draconian laws until all residents of New Jersey are unburdened.”
For more information, or to register, visit SAF.org.
The Second Amendment Foundation (saf.org) is the nation’s oldest and largest tax-exempt education, research, publishing and legal action group dedicated to safeguarding and promoting the fundamental rights of individuals enshrined in the Second Amendment of the United States Constitution. SAF engages in aggressive legal action to ensure the principles of armed self-defense, personal liberty, and the ownership of arms are defended, secured, and restored. Through public education initiatives, SAF teaches the importance of the Second Amendment to promote a society that values and exercises the right to keep and bear arms.