Third Circuit Reinstates NJ Ban on Concealed Weapons in Public Places

In June 2023, the U.S. Court of Appeals for the Third Circuit mostly reversed an injunction issued by a lower federal court that prohibited much of New Jersey’s law on concealed weapons in public places from taking effect. The district court’s injunction is now stayed pending an appeal of its decision as the parties continue to litigate the Second Amendment case.

The sweeping concealed carry reform law, which New Jersey Gov. Phil Murphy signed in 2022, requires firearm owners to purchase liability insurance and prevents individuals from carrying firearms in various “sensitive” public places, including parks, zoos, libraries, museums, bars, casinos, and planned demonstrations. The New Jersey legislature enacted the law in response to the U.S. Supreme Court’s decision striking down a New York law that required “justifiable need” for concealed carry permits. The Supreme Court’s decision also invalidated New Jersey’s similar law, so the legislature had to find a new way to implement gun restrictions. Ultimately, New Jersey’s law eliminated the “justifiable need” provision but added new requirements to receive gun permits and identified categories of “sensitive” locations where guns are impermissible.

Gun advocates immediately sued the state once the law was enacted, and a federal district court judge issued a temporary restraining order that blocked certain parts of the law from going into effect. More specifically, the judge ruled that the portions of the law that prevented New Jersey gun owners from carrying firearms in certain locations, including libraries, museums, bars, restaurants, entertainment facilities, private property, and vehicles, constituted “irreparable harm” to gun owners.

The judge followed up the temporary restraining order with a more extensive permanent injunction several months later, which took aim at the requirement that gun owners purchase liability insurance and the restrictions on firearms in various public locations. The state of New Jersey filed for an emergency stay of the injunction pending appeal to the Third Circuit, which led to the higher court’s decision reversing the bulk of the injunction and reinstating the law.

Current Status of Concealed Carry Restrictions Law

Due to the Third Circuit’s decision, individuals may not carry concealed handguns in the following sensitive locations:

• Within 100 feet of public gatherings;
• Nursery schools;
• Preschools;
• Zoos;
• Summer camps;
• Beaches;
• Public parks;
• Libraries;
• Museums;
• Places where alcohol is served;
• Entertainment facilities;
• Casinos; and
• Health care facilities.

However, the Third Circuit’s decision did leave a few of the provisions in the lower court’s injunction in place. Specifically, the provision that New Jersey gun owners maintain liability insurance is currently on hold. Individuals also may carry firearms in their cars, on movie sets, and on private property open to the public unless the property owner specifically prohibits it. However, individuals who carry concealed firearms in their cars must still comply with the laws on transporting firearms.

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