Judge Bumb continued: Thus, not only does the statute say nothing about the restriction on carrying firearms in a vehicle, but it does suggest that if there is a carrying it should not be concealed. Nor does the other statute cited in the State’s Brief from Tennessee provide historical evidence in support of the current restriction. See 1821 Tenn. Acts. ch 13, §1., p.15 [Docket No. 20, Ex.20.] That statute expressly provides that the restriction does not apply to “any person that may be on a journey to any place out of his county or state.” Id.
In Antonyuk, the reviewing court considered a statute that banned firearms on public transportation in New York, which certainly is distinct from the legislation at issue here pertaining to private vehicle travel. However, even in consideration of public transportation, the reviewing court found that the historical analogues before it actually proved that firearms were generally permitted and temporarily enjoined such provision. 2022 WL 5239895, at *17 (explaining that “historical analogues exist containing specific exceptions permitting the carrying firearms while traveling (presumably because of danger often inherent during travel)”) (citations omitted).
Here, the Court finds that the State has not been able to demonstrate that the current restriction prohibiting functional firearms while traveling in a vehicle in New Jersey is consistent with the Nation’s tradition of firearm regulation. Accordingly, at this juncture Plaintiffs have met their burden of showing that they will likely succeed in establishing that this provision is unconstitutional. 6. The Legislation Sweeps So Broadly that Plaintiffs Cannot Decipher What Constitutes a “Sensitive Place.”
The preceding paragraphs confirm that, for now, permits-to-carry include carrying in vehicles. The permits also include carrying on private property unless the property owner conspicuously posts a sign prohibiting same. The same can be said for “entertainment facilities.” An interesting question concerns what, if any, offense applies if a gun-control activist were to post signs prohibiting firearms on others private property.
