Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

Court Preliminarily Enjoins New Jersey from Enforcing New Carry-Permitting Requirements and Sensitive-Place Restrictions in NRA-Backed Case

Wednesday, May 17, 2023

Court Preliminarily Enjoins New Jersey from Enforcing New Carry-Permitting Requirements and Sensitive-Place Restrictions in NRA-Backed Case

In December, New Jersey passed A4769, which effectively declares the entire state to be a sensitive place, increases permit fees, uses social media posts as grounds to deny permits, and requires gun owners to acquire insurance that does not appear to exist in the state. NRA-ILA responded by filing a lawsuit with our state affiliate, the Association of New Jersey Rifle & Pistol Clubs. Then in January, a court issued a temporary restraining order prohibiting the state from enforcing a lot of those restrictions. Today, in a 230-page opinion, the court preliminary enjoined the state from enforcing much of A4769 until the full legal proceedings are resolved.

The Court began with the new permitting requirements and enjoined the state from requiring individuals to obtain a $300,000 liability policy before they could get a carry license. It also prohibited the state from conducting in-person interviews with the applicant’s character references. The Court also limited the scope of A4769’s provision that allows the state to deny the applicant if it finds that he or she “to be lacking the essential character of temperament necessary to be entrusted with a firearm.” That now means that there is objective evidence that the individual poses a threat, and permitting agents are limited to looking at the applicant’s public statements for statements suggesting that they pose a threat to themselves of the general public. 

The Court was even harder on the new so-called sensitive places that were banned under A4769. It enjoined the state from enforcing the bans on the following locations:

  1. The default ban on private property, which bans the possession of a firearm on all privately-owned property where the public is generally invited onto, i.e., all stores and restaurants;
  2. Public gatherings and permitted events;
  3. Zoos;
  4. Parks, beaches, recreational facilities, and state parks *excluding playgrounds at any of those places;
  5. Libraries and museums;
  6. Places that serve alcohol for on-premise consumption;
  7. Entertainment facilities;
  8. Casinos;
  9. Airport parking lots and curbside drop-off and pickup *but individuals cannot take a firearm into the airport unless they immediately drop it off in a checked bag;
  10. Medical offices and ambulatory care facilities;
  11. Public filming/motion picture locations; and
  12. Inside vehicles.

The court ultimately concluded that A4769 “went too far, becoming the kind of law that Founding Father Thomas Jefferson would have warned against since it ‘disarm[s] only those who are not inclined or determined to commit crimes [and] worsen[s] the plight of the assaulted, but improve[s] those of the assailants.’”

The case is captioned Siegel v. Platkin.

Please stay tuned to www.nraila.org for future updates on NRA-ILA’s ongoing efforts to defend your constitutional rights.

TRENDING NOW
Bye-Bye, Biden! Trump Inauguration Signals Sea Change on the Second Amendment

News  

Tuesday, January 21, 2025

Bye-Bye, Biden! Trump Inauguration Signals Sea Change on the Second Amendment

Some elections are won and lost on narrow grounds. But on many of the most important issues of the day, Donald Trump’s policies promise not just to be different from, but the opposite of, Joe ...

Will the DNC go Hogg Wild?

News  

Tuesday, January 21, 2025

Will the DNC go Hogg Wild?

We haven’t written much about one of America’s most irksome or notorious or galling  gun-ban extremists, David Hogg, in quite some time.  

ATF (Sort of) Walks Back Braced Pistol Comments

News  

Tuesday, January 21, 2025

ATF (Sort of) Walks Back Braced Pistol Comments

Last week, we reported that an unnamed ATF official, speaking for the agency’s Firearms Industry Programs Branch (FIPB), counseled a gun owner via ATF’s official email that ATF considers all pistols equipped with stabilizing braces ...

Washington: Ammo Tax Added to Tuesday’s Onslaught of Anti-Gun Bills

Saturday, January 18, 2025

Washington: Ammo Tax Added to Tuesday’s Onslaught of Anti-Gun Bills

This coming Tuesday is going to be a critical day for law-abiding gun owners across Washington, with three separate hearings scheduled to review anti-gun legislation. 

“Public Order” at the Cost of Public Order

News  

Tuesday, January 21, 2025

“Public Order” at the Cost of Public Order

In recent years, the United Kingdom has served as a cautionary tale for what can happen when citizens don’t adequately safeguard individual rights - most notably, the right to free speech and the right to ...

NRA Files Lawsuit Challenging Recreational Shooting Ban on Sonoran Desert National Monument

Tuesday, January 21, 2025

NRA Files Lawsuit Challenging Recreational Shooting Ban on Sonoran Desert National Monument

On January 17, the NRA joined the U.S. Sportsmen’s Alliance Foundation and Safari Club International in filing a lawsuit against the Bureau of Land Management (BLM) over its near prohibition on recreational target shooting on ...

Urge Congress to Protect Your Right to Carry – Contact Your Member of Congress Today!

News  

Wednesday, January 8, 2025

Urge Congress to Protect Your Right to Carry – Contact Your Member of Congress Today!

Dear NRA Member: U.S. Representative Richard Hudson (R-NC) has reintroduced the Constitutional Concealed Carry Reciprocity Act (H.R. 38). Representative Hudson, the longstanding champion of this legislation, along with more than 120 of his colleagues have ...

NRA Files Amicus Brief in Case Attempting to Punish Firearm Manufacturers for Pro-Second Amendment Social Media Posts

Wednesday, January 15, 2025

NRA Files Amicus Brief in Case Attempting to Punish Firearm Manufacturers for Pro-Second Amendment Social Media Posts

Yesterday, NRA filed an amicus brief supporting firearm manufacturers in a case where the plaintiffs allege that the manufacturers’ pro-Second Amendment social media posts caused a third party to commit a horrific public shooting.

Good News, Bad News on ATF Director Dettelbach

News  

Monday, January 6, 2025

Good News, Bad News on ATF Director Dettelbach

It’s really just good news to report that Joe Biden’s director of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Steven Dettelbach, has announced his resignation.  

Reported ATF Email Sparks Concerns of Braced Pistol Crackdown

News  

Monday, January 13, 2025

Reported ATF Email Sparks Concerns of Braced Pistol Crackdown

On Friday, Gun Owners of America published an email reportedly received by one of its members in response to a question to ATF about whether adding a brace to a CZ Scorpion pistol would convert ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.