NJ Appellate Division Issues First Major Decision Since ‘Bruen’: Gun Purchase Restrictions for ‘Public Health, Safety or Welfare’ Deemed Constitutional

As seen in this New Jersey Law Journal article, “In a matter of first impression, the New Jersey Appellate Division found that state law restricting the purchase of a firearm in the interest of the ‘public health, safety or welfare’ is constitutional and does not violate the Second Amendment.

“Judge Richard J. Geiger, writing for the court, stated that after considering the ‘historical traditions and analogues present and leading up to ratification of the Second Amendment’ in the U.S. Supreme Court decision in New York State Rifle & Pistol Association v. Bruen, the court held that the state’s law, N.J.S.A. 2C:58-3(c)(5), ‘is consistent with this Nation’s historical tradition of firearm regulation,’ and that those engaged in repetitive misconduct, even without being convicted of a crime or felony, are not the ‘law-abiding citizens’ protected by the Second Amendment.

“…Peter G. Verniero called the decision ‘one of the most significant firearm decisions issued by a New Jersey state court in several years.’

“‘It is the first major appellate decision in New Jersey construing the latest holdings of the U.S. Supreme Court on the question of firearm regulations,’ said Verniero, a partner at Sills Cummis & Gross. ‘I predict the Appellate Division’s analysis will be cited by other courts in and outside New Jersey, until or unless the case is heard by a higher court. It reminds us that Second Amendment cases are being actively considered by both federal and state courts, and that gun control questions will continue to be debated and addressed by policymakers, stakeholders and the courts.’”

A March 22, 2023 NJ.com article on the same ruling also quoted Peter Verniero. Link to article (subscription may be required).