FPC, SAF Challenge New Jersey’s Unconstitutional Gun Ownership Permitting Scheme

New Jersey Gov. Phil Murphy
New Jersey Gov. Phil Murphy (AP Photo/Noah Ok. Murray, File)

From the Firearms Policy Coalition . . .

Yesterday, the Firearms Policy Coalition (FPC) introduced a brand new federal Second Amendment lawsuit difficult the State of New Jersey’s legal guidelines that require people to be granted a allow earlier than getting a rifle, shotgun, or handgun. The case, Kendrick v. Grewal, might be saw at FPCLegal.org.

Under New Jersey legislation, it’s a crime for a law-abiding particular person to acquire a rifle or shotgun with out first acquiring a Firearms Purchaser Identification (“FID”) Card or handgun with no Permit To Purchase a Handgun (“Handgun Purchase Permit”)—and should receive a brand new one for each buy. Both processes concern difficult functions and a number of charges.

Approval regularly takes far longer than New Jersey legislation permits. The State’s regulatory scheme imposes a fancy, pricey, and time-consuming course of riddled with delays and highway blocks earlier than a person may even receive the allow crucial to amass a firearm to start exercising their Second Amendment proper to maintain and bear arms.

Gurbir Grewal
New Jersey Attorney General Gurbir Grewal (AP Photo/Julio Cortez, File)

The plaintiffs’ grievance argues that “[t]hese restrictions on firearm acquisition are unconstitutional on their face.” Indeed, they are saying, the “Second Amendment has the same scope today as during the founding era. … A requirement that law-abiding citizens obtain government permission—for a fee—before acquiring a firearm would have been foreign to the founding-era understanding of the right to keep and bear arms.”

Thus, FPC joined with three people, Bob’s Little Sport Shop, Inc., Second Amendment Foundation, Association of New Jersey Rifle and Pistol Clubs, Inc., New Jersey Second Amendment Society, and Coalition of New Jersey Firearm Owners to strike down the unconstitutional laws.

“We are excited to have assembled this coalition of plaintiffs to challenge New Jersey’s draconian permitting regime that requires individuals to pay fees and obtain a permit before they can exercise a fundamental, enumerated constitutional right,” stated Adam Kraut, FPC’s Senior Director of Legal Operations.

“The State’s unconstitutional laws burden and chill the right to keep and bear arms, preventing individuals from acquiring firearms for lawful purposes including self-defense. New Jersey’s laws do not withstand constitutional scrutiny and we look forward to a judgement eliminating these restrictions.”

“New Jersey’s unconstitutional laws are offensive to human liberty,” stated FPC President Brandon Combs. “No one should be forced to beg the government and get permission before exercising their human rights. This lawsuit is about eliminating these restrictions and giving back to the People their power of choice.”

Firearms Policy Coalition (firearmspolicy.org) is a 501(c)four nonprofit group. FPC’s mission is to guard and defend constitutional rights—particularly the precise to maintain and bear arms—advance particular person liberty, and restore freedom by means of litigation and authorized motion, legislative and regulatory motion, formal training, outreach, grassroots activism, different packages. FPC Law is the nation’s largest public curiosity authorized workforce centered on Second Amendment and adjoining basic rights together with freedom of speech and due course of, conducting litigation, analysis, scholarly publications, and amicus briefing, amongst different efforts.

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