B.L.U.F. This case covers the challenge to the knee jerk response of NJ to the Bruen opinion. The NJ “Kill Carry” bill follows the lead of NY’s CCIA.
On 2022-12-22 a suite was filed in the district court of New Jersey challenging the bills put into effect after Bruen and after New York’s CCIA. It uses almost the same methods to make it almost impossible for the public to legally carry a firearm.
Using the standard places at random are “sensitive places” where a legal gun owner could be charged and found guilty just for walking on the wrong side of the road with a firearm. To understand just how bad New Jersey firearms law is consider this New Jersey law:
Dum-dum or body armor penetrating bullets. (1) Any person, other than a law enforcement officer or persons engaged in activities pursuant to subsection f. of N.J.S.2C:39-6, who knowingly has in his possession any hollow nose or dum-dum bullet, or (2) any person, other than a collector of firearms or ammunition as curios or relics as defined in Title 18, United States Code, section 921 (a) (13) and has in his possession a valid Collector of Curios and Relics License issued by the Bureau of Alcohol, Tobacco and Firearms, who knowingly has in his possession any body armor breaching or penetrating ammunition, which means: (a) ammunition primarily designed for use in a handgun, and (b) which is comprised of a bullet whose core or jacket, if the jacket is thicker than.025 of an inch, is made of tungsten carbide, or hard bronze, or other material which is harder than a rating of 72 or greater on the Rockwell B. Hardness Scale, and (c) is therefore capable of breaching or penetrating body armor, is guilty of a crime of the fourth degree. For purposes of this section, a collector may possess not more than three examples of each distinctive variation of the ammunition described above. A distinctive variation includes a different head stamp, composition, design, or color.
— https://law.justia.com/codes/new-jersey/2009/title-2c/2c-39/2c-39-3
If you read through the court cases it means that you are not allowed to use JHP rounds in your carry weapon. Yep, you aren’t allowed to use personal defense rounds but the cops are. Those rounds are designed for multiple purposes, one of which is to stop over penetration.
The question
Do subparts 12, 15, 17 and 24 of section 7(a) and subpart 1 of section 7(b) of A4769/S3214 violates the right to bear arms secured by the Second and Fourteenth Amendments?
- a publicly owned or leased library or museum; …
- a bar or restaurant where alcohol is served, and any other site or facility where alcohol is sold for consumption on the premises; …
- 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; … [and]
- private property, including but not limited to residential, commercial, industrial, agricultural, institutional or undeveloped property, unless the owner has provided express consent or has posted a sign indicating that it is permissible to carry on the premises a concealed handgun with a valid and lawfully issued permit under N.J.S.2C:58-4, provided that nothing in this paragraph shall be construed to affect the authority to keep or carry a firearm established under subsection e. of N.J.S.2C:39-6[.]
— KOONS v. REYNOLDS — Complaint
and;
- A person, other than a person lawfully carrying a firearm within the authorized scope of an exemption set forth in subsection a., c., or l. of N.J.S.2C:39-6, who is otherwise authorized under the law to carry or transport a firearm shall not do so while in a vehicle in New Jersey, unless the handgun is unloaded and contained in a closed and securely fastened case, gunbox, or locked unloaded in the trunk of the vehicle…
— Id.
In short they are asking if the sensitive places limits and carry in a vehicle are constitutional. Unfortunately this is limiting and the law was likely written with severability in mind so that if one part is ruled unconstitutional the rest of the law will stand.
The Arguments
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