Third Circuit Strikes Some New Jersey Carry Restrictions in NRA Case

Yesterday, the Third Circuit Court of Appeals issued an opinion in Siegel v. Platkin, striking some of the carry restrictions New Jersey enacted in response to the NRA’s landmark Supreme Court victory, New York State Rifle & Pistol Association v. Bruen.

New Jersey imposed onerous requirements for obtaining a carry permit and deemed numerous locations “sensitive places” where carry is prohibited. The Third Circuit reviewed a May 16, 2023, district court order that partially granted and partially denied the plaintiffs’ motion for a preliminary injunction. On appeal, the Third Circuit issued a preliminary injunction against certain portions of the law, while finding that several other provisions are likely constitutional.

Regarding the changes to the permitting process, the Third Circuit found that the requirement for permit-seekers to obtain liability insurance likely violates the Second Amendment. The court also found that the portion of the permitting fee allocated to the Victims of Crime Compensation Office—as opposed to the portion allocated toward administering the permitting scheme—is likely unconstitutional. However, the court concluded that the requirement to provide four reputable character references is likely constitutional, as long as it is applied in a non-discriminatory manner.

Regarding the “sensitive places” provisions, the court concluded that the ban on carrying firearms on private property open to the public without express permission from the owner likely violates the Second Amendment. The court also found that the requirement to keep firearms unloaded and in a secure container while in a vehicle likely violates the Second Amendment. However, the court held that bans on carrying firearms at permitted events, public parks, beaches, playgrounds, zoos, libraries, museums, bars, casinos, healthcare facilities, and on public transportation are likely constitutional.

The case will now return to the district court for further consideration on the merits.

Please stay tuned to www.nraila.org for future updates on NRA-ILA’s ongoing efforts to defend your constitutional rights, and please visit www.nraila.org/litigation to keep up to date on NRA-ILA’s ongoing litigation efforts.