Permits to Carry and Sensitive Places (Part 33)

by | Jun 1, 2023 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County

Permits to Carry and Sensitive PlacesThe District Court continued: No party disputes here that private property owners in New Jersey—and across the country for that matter—have long had the right to exclude firearms from their properties. As discussed above, New Jersey’s attempt to craft how private property owners communicate the word “no” works, in effect, to deter a law-abiding citizen who has a permit to conceal carry from exercising his constitutional right under pain of criminal prosecution.

The Court agrees with the observation the Antonyuk court made with respect to the comparable New York law; through this provision, the State of New Jersey is in effect making a decision for private property owners that they are perfectly able to make for themselves and have done so long before the passage of this legislation, “as well as arguably compelling speech on a sensitive issue.” Accordingly, for all of the above reasons, at this stage Plaintiffs have met their burden of showing that they will likely succeed in proving that this provision is unconstitutional.

5. Section 7(b) – Functional Firearms in Vehicles Pursuant to Section 7(b) of the statute, a vehicle is essentially a prohibited sensitive place “unless the handgun is unloaded and contained in a closed and securely fastened case, gunbox, or locked unloaded in the trunk of the vehicle.” 2022 N.J. Laws c. 131. First, the Second Amendment’s plain text covers the conduct in question (carrying a concealed handgun for self-defense in public). As a result, Defendants must be able to rebut the presumption of protection against this regulation by demonstrating that the regulation is consistent with this Nation’s historical tradition of firearm regulation. Defendants contend that where the government is a proprietor of a vehicle, it has a right to exclude firearms. But the provision is not limited to government.

The Court is also not persuaded by Defendants’ argument that the requirement to carry firearms in vehicles only when unloaded, locked, and in the trunk does not wholly restrict the right to carry, given that “individual self-defense is the central component of the Second Amendment right.” Bruen, 142 S. Ct. at 2133. According to Defendants, motor vehicles pose different problems than Founding-era modes of transport. The speed and distance which modern motor vehicles can travel make them facilitators of escape in gun crimes, and their speed has created the need for police to enforce speed limits, exposing officers to danger whenever they approach a vehicle at a traffic stop.” [State’s Br. at 33.] But again, Defendants are asking this Court to engage in a balancing of interests and usefulness inquiry that the Supreme Court has expressly indicated this Court cannot do.

The Defendants’ argument is also illogical. That vehicles can be used to facilitate escape in gun crimes has nothing to do with whether a law-abiding citizen should be allowed to carry their firearm in their vehicle for protection. If anything, they would need their firearm for protection against other drivers who are committing gun crimes.

Excellent rating
Based on 288 reviews
Google star 1Google star 2Google star 3Google star 4Google star 5
Google star 1Google star 2Google star 3Google star 4Google star 5
Especially given the situations we had to work under right now with COVID-19, I am glad to have had Fred Sisto represent me. The outcome was much better than anticipated, and he always ensured to maintain proper communication, including not going any further until you 100% understood what's going on, and made a point to keep me updated as much as possible with any of the incoming changes due to quarantine (which was confusing for me at first). Always has your best interests in mind, and an all-around great attorney and person.
Mel C
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred is a detail minded attorney that works tirelessly to get the job done right. If you need help Fred knows how to take care of your issues. Fred has years of experience and will work hard for justice for his clients. Fred is easy to talk to and has great communication skills!
Gibson H
Google star 1Google star 2Google star 3Google star 4Google star 5
We retained Fred to represent our daughter. He was amazing from our first phone call. He led us through the process and assured us that all would be taken care of. He was absolutely wonderful with our daughter. We couldn’t have asked for a better outcome. Thank you Fred from the bottom of our hearts. If you need a criminal attorney Fred Sisto Esq. is your guy. Trust me you won’t be disappointed.
Sherry F
Google star 1Google star 2Google star 3Google star 4Google star 5
I have sought out Mr. Sisto for two traffic related cases. His hard work and dedication to getting results for me was very evident from the get go. He was very informative throughout the entire process of working on my cases and during the court sessions as well. Very professional and very friendly. If anyone in the area is looking for a very good and quality representation, Mr. Sisto is a go to.
Brett S
Google star 1Google star 2Google star 3Google star 4Google star 5
I was very content with Fred’s services. He was extremely communicative throughout the entire process and I am happy with our results.
Lidia D
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred Sisto is a great attorney. Highly recommend. He is very trustworthy, professional, and has great communication skills, one being that he is very down to earth and makes you feel comfortable in all possibilities. I am very happy I went with him to represent me, we received the best possible outcome for our matter, while he was honest with all possibilities along the way.
Mike A
Google star 1Google star 2Google star 3Google star 4Google star 5
Even though I didn't end up using Fred; I had the best experience from him out of anyone I called for a consultation. He was very clear and consise, made sure I understood my options for the situation I was faced with. He ultimately gave me the confidence to go to court pro se for my case. I also get weekly emails now that are extremely helpful and include a wealth of information for goings on around my area.
Warren C
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred's services has been more than exceptional. He provided updates on my case. He got me one of the best outcomes i could have asked for, and has represented me twice with amazing results. Fred can work his magic on your case just as he did for me
Chris K
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred is an excellent attorney. Even though we did not initiate the official pleading process, he deep dived into researching and sorted out my questions without any consultation fee. I highly recommend him!
Qianru Z
Google star 1Google star 2Google star 3Google star 4Google star 5
Great service
Kelly G