The two parts of the Miller Test

1. Contribute to the common defense and

2. In common use and how it effects NJ's Bruen Response Law

Dan Schmutter updates us on AWB Case, Mag Ban Case, Carry Case and Marxist Intervention on our case!
Knowledge is Power! Tune in.

Originally Posted By Demeroma:
Another Factor video on the Miller Test.


https://www.youtube.com/watch?v=d6WMirZRHaY

Originally Posted By grady:


Exactly.

Miller says that it’s protected if it has military use. If it’s designed for playing games, it might not have military utility. GCA “sporting purposes” test is total bullshit.

This is presumptively protected:

https://38.media.tumblr.com/95f6a54d9e940bbc0327a8adb2f6b9af/tumblr_n5pmtbE5q91smt2xxo1_500.gif

This may or may not be:

https://www.clay-shooting.com/wp-content/uploads/sites/19/2019/09/CSM139.guide_guns.dt11_x_trap.jpg

TRO Status   SIEGEL v. PLATKIN

1. TRO DENIED Subpart 6 (prohibiting handguns "within 100 feet of a place for a public gathering, demonstration or event is held for which a government permit is required, during the conduct of such gathering, demonstration or event");

2. TRO DENIED Subpart 9 (prohibition on carrying handguns at a zoo only);

3. TRO GRANTED Subpart 10 (prohibiting handguns at "a park, beach, recreation facility or area or playground owned or controlled by a State, county or local government unit, or any part of such a place, which is designated as a gun free zone by the governing authority based on considerations of public safety");

4. TRO DENIED Subpart 11 (prohibiting handguns "at youth sports events, as defined in N.J.S.5: 17-1, during and immediately preceding in following the conduct of the event . . .");

5. TRO GRANTED *Subpart 12 (prohibiting handguns in "a publicly owned or leased library or museum");

6. TRO GRANTED *Subpart 15 (prohibiting handguns in "a bar or restaurant where alcohol is served, and any other site or facility where alcohol is sold for consumption on the premises");

7. TRO GRANTED *Subpart 17 (prohibiting handguns in "a privately or publicly owned and operated entertainment facility within this State, including but not limited to a theater, stadium, museum, arena, racetrack or other place where performances, concerts, exhibits, games or contests are held");

8. TRO GRANTED Subpart 18 (prohibiting handguns at "a casino and related facilities, including but not limited to appurtenant hotels, retail premises, restaurant and bar facilities, and entertainment in recreational venues located within the casino property);

9. TRO DENIED Subpart 20 (prohibiting handguns at "an airport or public transportation hub");

10. TRO DENIED Subpart 21 (prohibiting handguns at "a health care facility, including but not limited to a general hospital, special hospital, mental psychiatric hospital, public health center, diagnostic center, treatment center, rehabilitation center, extended care facility, skilled nursing home, nursing home, intermediate care facility, tuberculosis hospital, chronic disease hospital, maternity hospital, outpatient clinic, dispensary, assisted living center, home health care agency, residential treatment facility, or residential healthcare facility");

11. TRO DENIED Subpart 22 (prohibiting handguns in a "facility licensed or regulated by the Department of Human Services, Department of Children and Families or Department of Health, other than a health care facility, that provides addiction or mental health treatment or support services)

12. TRO DENIED Subpart 23 (prohibiting handguns at " a public location being used for making motion picture or television images for theatrical, commercial or educational purposes, during the time such location is being used for that purpose") ; and

13. TRO GRANTED *Subpart 24 (prohibiting handguns in "private property, including but not limited to residential, commercial, industrial, agricultural, institutional or undeveloped property, unless the owner has provided express consent or has posted a sign indicating that it is permissible to carry on the premises a concealed handgun with a valid and lawfully issued permit under N.J.S.2C:58-4, provided that nothing in this paragraph shall be construed to affect the authority to keep or carry a firearm established under subsection e. of N.J.S.2C:39-6").

ANJRPC WIN: BROADER RESTRAINING ORDER HALTS
MORE OF CARRY-KILLER LAW!

January 30, 2023. Earlier today, the judge in the consolidated carry-killer case issued another temporary restraining order halting much more of the carry-killer law than it did previously. In a 46-page opinion, the court granted most of the relief sought by ANJRPC, and many more unconstitutional "sensitive place" carry prohibitions have been temporarily halted while the case proceeds.

The restraining order temporarily blocks enforcement of aspects of the carry-killer law for a period of several weeks, until the court can consider subsequent full briefing of the issues raised in the case. Temporary restraining orders like the ones issued are generally considered extraordinary and nearly-impossible to obtain. While they are not a guarantee that the carry-killer law will continue to be blocked throughout the duration of the case, they strongly suggest that is likely. Also, at the next stage of the case (preliminary injunction stage), it is possible that additional aspects of the law will be blocked.

Further analysis of today's decision will be provided by ANJRPC attorney Dan Schmutter in a subsequent alert following this one.

Originally Posted By Tom488:
OK - so a quick edit to the YES/NO chart:

https://www.ar15.com/media/mediaFiles/103966/yesno_carry_jpg-2691436.JPG

All agree that violent crimes involving firearms are tragic. But the dictate of Bruen is clear: "legislative interest
balancing is understandable and, elsewhere, appropriate   [but] it is not deference
that the Constitution demands here." Bruen, 142 S.Ct. at 2131. While the
Legislature may disagree with Bruen, it may not disobey it.

Originally Posted By BSOG1:
what if there is a playground within a park ?

Originally Posted By Tom488:

Just stay off the monkeybars?

Originally Posted By mhbaker81:
Whoa, whoa, whoa... What have we here... Back on the original topic, looks like my Money Order was cashed today (Day 105). Perhaps my judge was waiting for the TRO stuff to play out? Who knows.

For those who have received their permits already, how much longer did things take from this point? Thanks in advance.

As ANJRPC announced in its previous alert, federal Judge Renee Bumb issued a temporary restraining order ("TRO") in our carry case Siegel v. Platkin. The TRO expands the number of sections of the new "carry killer" law (Chapter 131 or A4769) that the State temporarily may not enforce until further court order. The TRO also restrains certain pre-existing prohibitions as well. The Court also clarified that certain provisions of the law are to be interpreted narrowly, thereby reducing the restrictive scope of the law.

The provisions of law that currently may not be enforced under the TRO are as follows:

7(a)(10): a park, beach, recreation facility or area or playground owned or controlled by a State, county or local government unit, or any part of such a place, which is designated as a gun-free zone by the governing authority based on considerations of public safety. [The prohibition on carry in playgrounds is still enforceable for now.]

N.J.A.C. 7:2 2.17(b) [preexisting law]: State Park Service property.

7(a)(12): a publicly owned or leased library or museum.

7(a)(15): a bar or restaurant where alcohol is served, and any other site or facility where alcohol is sold for consumption on the premises.

7(a)(17): a privately or publicly owned and operated entertainment facility within this State, including but not limited to a theater, stadium, museum, arena, racetrack or other place where performances, concerts, exhibits, games or contests are held.

7(a)(18): a casino and related facilities, including but not limited to appurtenant hotels, retail premises, restaurant and bar facilities, and entertainment and recreational venues located within the casino property.

N.J.A.C. 13:69D 1.13 [preexisting law]: within a casino or casino simulcasting facility.


7(a)(24): private property, unless the owner has provided express consent or has posted a sign indicating that it is permissible to carry on the premises.

The Court also acknowledged the State's concession that "school, college, university, or other educational institution" is to be read narrowly to apply to traditional schools such as are regulated by the State. Thus, the prohibition on carrying in schools does not apply to, for example, motorcycle classes, firearms training, Sunday school within a church, karate classes, and music lessons.

Further, the Court acknowledged the State's concession that notwithstanding the very broad language used in the statute ("any part of the buildings, grounds, or parking area") the scope of prohibition on multiuse property (strip malls, office buildings, churches with schools, etc.) is limited only to the actual prohibited use itself and not other uses and also does not include shared features such as shared parking lots, hallways, elevators, etc.

The next stage is our request for a preliminary injunction, which seeks to block the enforcement of the law all the way through the end of the case. We plan to aggressively seek to add more places to the list of restrictions we have successfully challenged.

New Jersey Firearm Owners Syndicate

Kurt Lundy  
Admin
Group expert in Media Industry

At this Point I think it's safe to say that she's earned it. Judge Bumb has given us two TRO's with a projected identical or more gifting Preliminary Injunction Order. Her opinion between both of our carry lawsuits is over 100 pages long and was drafted in record time. More impressive, it was done over the weekend, Both Times!!!!!! She's been fair and has stood true to the Bruen Decision and the Supreme Court Justices roadmap on how to view the 2nd Amendment moving forward. Judge Bumb has faithfully held the State and Legislators accountable for turning their backs on Righteous Law Abiding Citizens. I'm sure I can speak for almost everyone here that we are truly thankful for Judge Bumb. She has graciously restored the Right to Carry in NJ and has given us the ability to protect ourselves, our families and the community outside of the homes.

I here, Kurt Lundy am announcing on January 30, 2023, that Federal Judge Renee Marie Bumb from The Camden District of New Jersey, has officially reached SAINTHOOD!!!!!!!!

Originally Posted By BSOG1:
mine was 13 days from detective to having it in my hand

Originally Posted By Demeroma:
My MO was cashed December 14th and I got the call to pick up my permit on January 24th.  I may be an outlier since it took me 131 days for the whole process.
Hopefully, you'll get yours quicker than it took me to do so.

Originally Posted By rh1030:
Great news! That's a lot of places that carrying isn't allowed. A lot of them don't surprise me though. Big step for NJ citizens!

I'm still waiting on my permit. It's been 95 days, not a peep. My money order hasn't been cashed yet either. Submitted through Bordentown NJSP as an FYI.

Originally Posted By mhbaker81:
Hey, so just curious... Did all that horseshit about snap retention holsters and on the body requirements/women not being able to carry in their purses get phased out, or is this all still in play? It's hard to keep track.

Originally Posted By mhbaker81:


You are getting closer, at least. Hopefully not much longer for you.

Originally Posted By Tom488:

So - if your carry vest pocket a sheath that securely retains the handgun, and renders the trigger covered and inaccessible when fully seated, then I believe you're OK.

Originally Posted By Demeroma:

Lazy or not, that's if I didn't miss anything, it appears you're good to go.

TEXT ORDER This matter comes before the Court upon a letter submission from the Siegel Plaintiffs, requesting that the Court clarify its Order and Opinion, dated January 30, 2023. [Dkt. No. 38.] The Court's Order did, in fact, "deny relief as to all playgrounds regardless of whether they are affiliated with schools" or parks. [Id. at 2.] It is so Ordered. So Ordered by Judge Renee Marie Bumb on 01/31/2023. (Costigan, Roberta) (Entered: 01/31/2023)

Originally Posted By Demeroma:
Judge Bumb replied to Dan Schmutter's letter requesting clarification on the playground issue.

Originally Posted By Tom488:
Here are the relevant statutes surrounding how to carry:

2C:58-4a.  Any person who holds a valid permit to carry a handgun issued pursuant to this section shall be authorized to carry a handgun in a holster concealed on their person [ ... ]

2C:58-4h.  For purposes of this section, “holster” means a device or sheath that securely retains a handgun which, at a minimum, conceals and protects the main body of the firearm, maintains the firearm in a consistent and accessible position, and renders the trigger covered and inaccessible while the handgun is fully seated in the holster.

2C:58-5a.     The holder of a permit to carry a handgun issued pursuant to N.J.S.2C:58-4 shall not:

    (3) carry a handgun in public outside of a holster or carry a handgun in public in a holster that does not meet the requirements of subsection h. of N.J.S.2C:58-4;

     (4) carry more than two firearms under the permittee’s control at one time; or

    (5) engage in an unjustified display of a handgun.

    A violation of this subsection shall be a crime of the fourth degree, and any such violation shall constitute full and sufficient grounds for revocation of a permit to carry a handgun issued pursuant to N.J.S.2C:58-4.

So - if your carry vest pocket a sheath that securely retains the handgun, and renders the trigger covered and inaccessible when fully seated, then I believe you're OK.

Originally Posted By Tom488:

Correct - but don't overlook the "unloaded" part.  And then we're going to get into the debate as to whether or not "unloaded" means mag out of gun (and empty chamber, obviously), or means rounds unloaded from the mag as well.

For many years, Evan Nappen would always caution to transport magazines unloaded, lest a loaded mag be interpreted as a loaded firearm (I know, I know...).

How Justice Thomas' "not a second-class right subject to an entirely different body of rules" from McDonald and carried into Bruen proves FID Card Holders have already qualified to "bear arms" under the Heller Test.

TEXT ORDER In light of the letter submission from the Siegel Plaintiffs [Dkt. No. 57], the Court will convene a conference call via Zoom with the parties at 2:30PM EST regarding their proposed motion for reconsideration. The Court's deputy will email counsel a link at their email addresses as they appear on the docket. So Ordered by Chief Judge Renee Marie Bumb on 02/01/2023. (Costigan, Roberta) (Entered: 02/01/2023)