The Second Amendment Foundation (SAF) and its partners have filed a petition for en banc review with the Third Circuit Court of Appeals, seeking full court reconsideration of their ongoing lawsuit against New Jersey’s sweeping “sensitive places” gun-carry restrictions.
The case, Koons v. Attorney General of New Jersey, challenges the state’s post-Bruen legislation, which designates an extensive network of “sensitive places” where even licensed concealed carriers are prohibited from possessing firearms. Critics argue the law effectively nullifies the right to carry across much of the state.
A Law Designed to Defy Bruen
Following the Supreme Court’s 2022 New York State Rifle & Pistol Association v. Bruen ruling, New Jersey lawmakers responded with a law so restrictive that it bans carry in most public areas — including parks, bars, libraries, entertainment venues, and even many private properties.
“After Bruen forced New Jersey to finally start issuing carry permits after decades of constitutional abuse, lawmakers responded by simply drawing a big circle around the entire state and calling it a ‘sensitive place,’” said SAF founder Alan M. Gottlieb. “This is a cynical attempt by an anti-gun legislature to waste taxpayer money banning constitutionally protected conduct.”
Partial Victory, Ongoing Battle
In September, SAF secured a partial win when a three-judge panel upheld a preliminary injunction protecting the right to carry loaded firearms in private vehicles and on private property open to the public (unless expressly prohibited).
However, the panel also upheld bans on carry in public transportation, libraries and museums, places serving alcohol, and entertainment venues — restrictions that SAF argues stretch the “sensitive place” concept far beyond what the Supreme Court allows.
“Major elements of the panel decision run contrary to both Third Circuit and Supreme Court precedent,” said Bill Sack, SAF’s Director of Legal Operations. “By generalizing what counts as a sensitive place, the panel improperly bars New Jersey residents from exercising their rights in most places people go in daily life.”
Coalition for Constitutional Carry
SAF is joined in the case by the Firearms Policy Coalition, Coalition of New Jersey Firearm Owners, New Jersey Second Amendment Society, and four private citizens. Together, they argue that New Jersey’s law was written in bad faith to circumvent Bruen rather than comply with it.
For more information, visit SAF.org.