On January 9th,  2023, a federal judge – Judge Renee Marie Bumb – issued a temporary restraining order (TRO) against New Jersey Officials. “The Court will grant the motion for temporary restraints”.

The National Rifle Association (NRA) filed a lawsuit against the State of New Jersey on December 22nd, 2022, due to the legislation violating the Second Amendment. This is the second lawsuit against the legislation.

The NRA states, “This new law makes it essentially impossible for a law-abiding citizen to obtain a concealed carry permit. It requires the applicant to have an insurance policy that does not appear to exist yet. It allows the police chief to subjectively decide who should be granted such a permit based on subjective criteria like ‘temperament’ and ‘character.’ Further, the list of locations where carry is prohibited is so great that a permitted person essentially cannot carry anywhere. The bill will not stand up to constitutional scrutiny, which is why the NRA has sued”.

A 60-page decision will prevent the New Jersey officials from enforcing certain provisions of the law, including the “sensitive places” restriction and restrictions placed to carry in cars and private property.

Legislation A4769/S3214, banned carrying concealed weapons from “sensitive places,” and Governor Murphy broke these “places” into three categories:

1. High-Density Locations
   • • • • Entertainment venues, including stadiums, arenas, amusement parks, casinos, racetracks, and publicly owned libraries and museum
         • Youth sporting events and other recreational facilities, such as public parks, beaches, and playground
         • Bars, restaurants where alcohol is served, and any other locations that serve alcohol for on-premises consumption
         • Airports and public transportation hubs
2. Locations with Vulnerable Populations
   • • • • Schools, colleges, and universities
         • Daycare and child-care facilities
         • Hospitals and healthcare facilities
         • Long-term care facilities and nursing homes
         • Correctional facilities, juvenile justice facilities, and halfway houses
         • Homeless shelters
3. Locations with Governmental and First Amendment Activity
   • • • • Polling places
         • Courthouses
         • Law enforcement stations and offices
         • Government buildings and locations with government meetings
         • Demonstrations, protests, and licensed public gatherings

“The Court finds that the challenged provisions have chilled Plaintiff’s reasonable exercise of their Second Amendment right” Judge Renee Marie Bumb concludes in the decision. “The Court finds that Plaintiff’s credible fear of prosecution for violating one of the challenged restrictions constitutes irreparable injury”.

Bumb also determined that the state had failed to provide ‘historical analogies’ to support the new restrictions, as required by the Supreme Court in Bruen.

“the Court also finds that based on the showing made by Plaintiffs, good cause exists to extend the duration of this Temporary Restraining Order beyond fourteen (14) days pursuant to Fed. R. Civ. P. 65(b)(2).