New Jersey Gun Rights Victory
BY Herschel Smith
1 year, 11 months ago
Seen here.
Plaintiffs have demonstrated a probability of success on the merits of their Second Amendment challenge to the relevant provisions of Chapter 131 Section 7(a), which criminalizes carrying handguns in certain “sensitive places,” subparts 12 (public libraries or museums), 15 (bars, restaurants, and where alcohol is served), 17 (entertainment facilities), and 24 (private property), as well as section 7(b)’s ban on functional firearms in vehicles. The State may regulate conduct squarely protected by the Second Amendment only if supported by a historical tradition of firearm regulation. Here, Plaintiffs have shown that Defendants will not be able to demonstrate a history of firearm regulation to support any of the challenged provisions. The deprivation of Plaintiffs’ Second Amendment rights, as the holders of valid permits from the State to conceal carry handguns, constitutes irreparable injury, and neither the State nor the public has an interest in enforcing unconstitutional laws. Accordingly, good cause exists, and the Court will grant the motion for temporary restraints. An accompanying order of today’s date shall issue.
The effects of Bruen continue to be felt. This is the right decision. These courts all know that they can be disciplined by the Supreme Court.
But this is just the beginning. There will be hundreds more where necessary. I predict the gun control laws will continue to fall, including AWB, magazine capacity limits, showing good character, ad numerous permitting schemes.
Furthermore, I expect constitutional carry to come up again in the South Carolina legislature. I also expect constitutional carry to pass in Florida because they’ve committed to it on video now. If this doesn’t include open carry then it will be a failure.
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