Plaintiffs in New Jersey are accusing state and local officials of using the law to violate residents’ Second Amendment rights. The lawsuit, filed by Christian Benton of Pennsauken, New Jersey, along with the Coalition of New Jersey Firearm Owners and the Gun Owners Foundation, targets laws that require permits to purchase and carry firearms, as well as restrictions on buying more than one gun per month. The plaintiffs claim that the permitting processes are redundant and burdensome, involving extensive training, background checks, references, interviews, fingerprinting, registration, and high fees.
The lawsuit alleges that officials, including Pennsauken Police Chief Phil Olivo, are deliberately delaying permit applications, thereby limiting the number of firearms that can be purchased under the state’s “one-gun-a-month” law. The plaintiffs argue that New Jersey’s stringent regulations create a situation where simply possessing a gun can lead to criminal charges, infringing on Second Amendment rights. Additionally, carry permits in the state are specific to individual firearms, making it illegal to carry a gun not listed on the permit.
New Jersey is characterized as an “outlier” in terms of firearms laws, with only seven states requiring a permit to purchase a gun, while 40 states allow permitless carry. The plaintiffs draw on recent Supreme Court decisions, including New York State Rifle and Pistol Association v. Bruen and District of Columbia v. Heller, to support their case. These rulings affirm individuals’ rights to keep and bear arms, as well as the unconstitutionality of restrictive licensing and permitting systems that were not in place at the time of the Second Amendment’s ratification in 1791.
The plaintiffs are optimistic that their lawsuit will lead to the dismantling of New Jersey’s unconstitutional permitting policies and restore citizens’ rights to bear arms without undue restrictions.
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