A three-judge panel from the United States Court of Appeals for the Third Circuit knocked down a challenge to New Jersey’s concealed carry permit regime by reinterpreting the Supreme Court’s Bruen opinion.
The Second Amendment Foundation (SAF), Firearms Policy Coalition (FPC), Coalition of New Jersey Firearms Owners (CNJFO), and the New Jersey Second Amendment Society (NJSAS) sued the state over its concealed carry permit regime that it passed after the Supreme Court issued its Bruen decision. Bruen said that “may issue” regimes are unconstitutional. It noted that the courts could not rely on “interest balancing” to decide a gun is unconstitutional. The Supreme Court stated that courts could only use the original text of the Second Amendment, along with the nation’s history and traditions of firearms regulations, to determine the constitutionality of a law.
A Bruen analysis starts with the original text of the Second Amendment. The named plaintiff, Randy Koons, is a member of “the people.” The courts have held that “the people” are at least American citizens who have reached the age of majority. Currently, the age of the majority is 18 years old. Concealed carry guns are bearable arms in common use, so they are protected. Since the conduct of Mr. Koons is covered by the plain text of the Second Amendment, it is presumably constitutional.
Click the link to read the whole article: Third Circuit Takes “Flexible” Bruen Stance
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