Third Circuit reinstates most of New Jersey’s New Restrictive Concealed Handgun Law, The Importance of Who Appointed the Judges

U.S. District Judge Renée Marie Bumb, a George W. Bush nominated judge, originally suspended most of New Jersey’s new restrictive concealed handgun law. But a three-judge federal appeals panel for the Third Circuit in a 2-to-1 split paused that preliminary injunction. The two judges appointed by Democrats, Cindy Kyounga Chung nominated by Biden and Cheryl Ann Krause nominated by Obama, ruled for New Jersey. Judge David J. Porter, who Trump nominated, dissented. As usual, the political affiliation of the judges explains the outcome of a case on gun control. Gov. Phil Murphy celebrated the order, calling it a “crucial victory.”

The 3rd Circuit has seven Republicans and six Democrats, with one vacancy. Once Biden fills that vacancy the court will be tied politically.

There was very little to the court’s decision. This will be a long process. The court reinstated the ban on guns within 100 feet of eight sensitive places firearm advocates had challenged:

• Public protests and other gatherings that require government permits.
• Preschools, summer camps, and zoos.
• Beaches, parks, playgrounds, and recreation areas.
• Public libraries and museums.
• Bars and restaurants where alcohol is served.
• Theaters, arenas, racetracks, and other entertainment facilities.
• Casinos.
• Hospitals and health care facilities.

A copy of their decision is available here.