This is not really that good, but some wins here, some losses, and a roadmap on what could shape concealed carry rights across the country, so let’s break this down. Welcome back to Guns and Gadgets, your premier source for Second Amendment News. Today we’re unpacking a 236 page opinion from the U.S. Court of Appeals in the Third Circuit. Took me a little bit to read it because of everything that’s happened in the last few days, but these are consolidated challenges to the New Jersey chapter 131 post-brewin carry law that threw up a huge list of sensitive places.

It added an insurance mandate, changed vehicle rules and what you In the panel, the judges were Krauss, Porter, and Chong, and this is a precedential decision, so this is binding law within the Third Circuit. Folks, before we get off and running with this, like I said, there’s a lot to discuss. In America, dialogue and communication are the foundation of a free society. That’s why I do what I do, and we can disagree passionately, we can argue our points, and we can all push for change, but it must always be done through civil debate, persuasion, and the ballot box.

Now political violence has no place in our Republic. It undermines everything our founders fought for, and it threatens the very freedoms that we hold dear. True strength comes from standing firm in our beliefs, while respecting the rights of others to do the same. May God bless Charlie Kirk and his family, as well as the other victims that we’ve had in the political violence field for the last few weeks. I had to get that off my chest, and I thank you for letting me do that. If you think different, let me know down below.

Now, after Bruin, New Jersey passed just this chapter 131 to restrict where lawful carriers could actually carry. Doesn’t affect criminals, they can do whatever they want. The plaintiffs won a big preliminary injunction at the district court, which the state appealed, and the Third Circuit has now said, basically, we agree with New Jersey on most, but not all of these restrictions. That’s their phrase. For the most part, we agree with New Jersey. They go location by location, plus the insurance requirement, the permitting endorsements, the vehicle rules, as well as a slice of the fee that funds a state program, the fee for permits.

This opinion is dense. It’s a lot of pages, like I said, so here’s a clean checklist for you. The court reversed the district court’s injunction for these provisions, the following ones, meaning that these New Jersey bands stand while this case proceeds. Number one is public gatherings, a 100 foot buffer for permitted events. The court said that history supports bands at public assemblies, citing post Civil War laws in multiple states and tying them to the longstanding concept of sensitive places like legislative assemblies and polling places. This violates Bruin, but the result is that the ban at permitted, permitted, rather, public gatherings stand.

So, crazy. Number two is zoos, parks, beaches, recreation facilities, public libraries, museums, entertainment facilities, casinos, bars, places serving alcohol, health care facilities, public transit, and anything else I forgot there, and the court leaned on principles about places of amusement and education, crowded spaces, intoxication risks, and protection of vulnerable populations, vulnerable populations, joining sister circuits on a lot of this. Now, the net effect is these locational bands stand for now. Number three, the endorsements of four reputable persons for permit applicants. The court said that this requirement fits within the history, within history’s principles of keeping arms from dangerous individuals.

So that requirement stands for now. The bottom line on most sensitive places, New Jersey’s restrictions survive at the preliminary stage under the Bruin and Rahini analogical tests. I disagree, but at least as the anti-American Third Circuit reads it. Before I get further into this, if you’re ever targeted by the government simply for exercising your Second Amendment rights, because here, they don’t want you to carry anywhere. They want you to be victims. Well, then you’re going to want attorneys on retainer in your corner. If you carry a firearm for self-defense, you need a legal team that actually understands your rights, your right to keep and bear arms, your right to protect yourself, your family.

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They call this the vampire rule. Now New Jersey tried to flip the defaults so that you couldn’t carry on private owned places open to the public. Unless the owner gave you express consent. The Third Circuit said no. The state’s history involved big private estates and newspaper notices, not a broad modern default ban on carry in stores and parking lots that were open to the public. The how and why don’t match history, so plaintiffs are unlikely to win and the injunction stays. So that’s good. Number two were private vehicles.

The unload and lock rule, as New Jersey calls it. New Jersey demanded you to unload and lock up your firearm in a case or in the trunk of a vehicle while you’re in the vehicle. And the court split on this issue. The private vehicles, the state failed to show a good historical analog. The plaintiffs are likely to win, that means. So the injunction stays for private vehicles. Public transit, different story. 19th century railroad, railroad, say that, I can’t even say it, railroad rules and related regulations supply analogs, they say. So the ban on operable carry and public transit stands for now.

Three was the $300,000 liability insurance mandate. The state leaned on surety laws and strict liability cases. The court said that those are not analogs. Surety required a complaint and a justice of the peace and strict liability punishment after the harm, not a precondition to exercise the right. So plaintiffs are likely to win there, so the injunction stays against the insurance requirement. Number four is the $50 slice of the carry permit fee that goes to the victims of crime compensation office, the VCCO. The court said that a state can’t impose a fee on a constitutional right that isn’t tied to administering the licensing scheme or maintaining order in the licensed activity, drawing on Cox and Murdoch cases.

They ordered the district court to preliminary enjoin that $50 earmark. As for public film and TV sets, the panel vacated the injunction, not because the state won on the merits, but because the plaintiffs lacked standing there. So they say. Now the sets are designated as temporary private locations and not open to the public, and the plaintiffs only claimed that they like to attend filming as members of the public, so there’s no credible threat of enforcement against them, and the case was dismissed on jurisdiction there. Crazy, but that’s what the court said.

Hunting and fishing regulations. The injunction was vacated as well. It was a procedural disposition, and a few big principles to understand here. Number one, no government property shortcut. New Jersey argued when the state acts as the proprietor, think state-owned land, it can just say no guns like any owner, and the Third Circuit rejected a blanket carve-out. Carry restrictions on government property still undergo the Bruin historical analog test, and that’s important because it blocks the just declare everything we own sensitive trick that these states are doing. Number two here, sensitive places and analogies.

The court leaned on sister circuit work here. Antonyuk in the second was a big one. Wolford and Lefebvre in the ninth were others that they went to, to uphold bans in places of education, amusement, crowded venues with alcohol, and locations with vulnerable populations like health care facilities. Now whether you agree or not, this is what the Third Circuit said, and this is where they currently are. I disagree on all of it. You’re not gonna make me a victim anywhere. Now, number three was private property. Historically, owners posted no gun signs if they wanted you to exclude your right there on their property.

New Jersey tried to presume that no carry everywhere open to the public unless there’s express consent. A vampire rule. Can’t go anywhere unless the owner says so. Now the court says that that’s not how the tradition works, so the injunction there stays, which is good. Number four was the vehicle split. Early law, respected armed travelers. There’s no solid tradition supporting a blanket unload and lock rule inside private cars, no matter how far you go back, but there is historical support, according to the Third Circuit, around public transportation environments.

Hence the split. Number five were the taxes and preconditions on your rights. Cox and Murdoch, the cases, matter. You can have administrative fees for licensing. The Supreme Court said that as well, but you can’t tax a right to fund unrelated programs, and that’s why the VCCO slice was enjoined. So the court reversed the injunction, what means the bans stand, for 10 infringements. I’ll try to remember them all. Four reputable persons endorsements, public gatherings, zoos, parks, beaches, recreation facilities, etc. Five as public libraries and museums, locations that serve alcohol, entertainment facilities, casinos, health care facilities, and public transit.

I think I got them all. Now it affirmed, meaning the injunction stands, on five things, meaning the ban’s not effective anymore. The $300,000 liability insurance mandate, the private property default no carry rule, a vampire rule, playgrounds, means you can protect your kids, youth sporting events, and private vehicle carry restrictions, i.e. New Jersey’s unload and lock rule that cannot be enforced against carrying in your own car. Now it remanded back to the lower court, the preliminary injunction on the $50 VCCO fee slice, and it vacated the injunctions as to public film and TV sets, and certain hunting and fishing regulations.

Now you can carry in your own vehicle without unlocking up your gun under this ruling. Again, it’s a preliminary stage, but public transit is still a no carry zone, so New Jersey’s infringement that would allow criminals to stab you in the neck on public transit stands, if you follow that law. AOR will protect you. The insurance mandate is blocked preliminary. The default no carry on private property open to the public is blocked. You don’t need express consent to carry in a typical store unless they post a no sign, and then they can just ask you to leave.

And property owners can still ban it if they choose at their private property. Now most sensitive places, the ban stands for now. Parks, beaches, libraries, museums, bars, restaurants that serve alcohol, casinos, entertainment venues, health care facilities, the 100-foot buffer for permitted public gatherings. It’s all stands for now. Makes no sense. So you’re a victim in these public spaces where animals who prey on defenseless people thrive. That’s what New Jersey just did to you. The permit process. The four reputable persons endorsement still applies at the stage. You have to find four people who say that you’re awesome and you should get a permit.

The $50 earmark that charges people, that’s going back to the local court to be bounced, but until they do that, it’s still in effect. Again, always verify locally before you change up how you roll in New Jersey. This is not legal advice. I’m just bringing you the news. Now, Second Amendment Foundation’s director of legal operations, my buddy Bill Sack said, and I’ll quote him, today a panel of the Third Circuit concluded that the people have the fundamental right to bear arms in public. With the minor caveat that they simply can’t do so where people assemble with others, eat and drink, conduct commerce, discuss opinions, seek amusement and recreation, learn, worship, travel on public transit, seek leisure or community, and anywhere that children or vulnerable people are normally present.

And even then, in the remaining social wasteland left over, which the court grudgingly allows, one may only carry a firearm for self-defense if they have first secured a subjective endorsement of at least four reputable persons. This treatment would not be tolerated in the context of any other constitutional right, and it should not be so here. Solid words by Bill. Good job, buddy. Now, Second Amendment Foundation founder and executive vice president, Alan Gottlieb said, and I’ll quote him, by upholding the numerous carry prohibitions in New Jersey, the Third Circuit continues to tie the hands of peaceable residents who wish to exercise their Second Amendment rights.

This ruling flies in the face of history and tradition of firearm regulation in the United States. And we will continue to fight these draconian laws until all residents of New Jersey are unburdened. So it sounds like they’re going forward, which is phenomenal. We got to support these guys and gals. Links are down below. Support them. Everybody wants them to sue all the time. But are you supporting them to do that? From here, parties could seek a rehearing or head towards the Supreme Court for review. And when I hear what Saf and FPC do, I’ll let you know.

But for New Jersey carriers, this ruling settles a lot for now. But the fight over what counts as a sensitive place isn’t done nationwide. Share this video, hit the subscribe button, and tell a friend in New Jersey what actually changed and what didn’t, because there’s going to be a lot of confusion here. If you’ve been following these cases since the injunctions began, you know that we’ve had to track stays, partial stays, and now a full presidential opinion. I’m going to keep reading the fine print so that you don’t have to hear on this channel.

So subscribe if you want the nitty gritty rather than reading 236 pages yourself. Folks, and it hates you. So make no mistake and train like it. Be safe, stay vigilant, and carry a gun to protect you, your family, your community. We do not get our rights from men and women in government. And try as they may. They’re not taking away our Second Amendment. [tr:trw].

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