Challenge to New Jersey’s Under 21 Prohibitions Filed

People aged 18-20 have been found to be part of “the people” in multiple jurisdictions around the country, but the Garden State still prohibits young adults from exercising their Second Amendment rights. Now  pair of gun rights organizations are challenging N.J.’s under-21 arms prohibitions and well as a federal statute.

The Third Circuit Court of Appeals found in Lara v. Commissioner Pennsylvania State Police that 18-to-20-year-olds have the same right to carry firearms as those 21 and over. A new lawsuit filed in the Federal District Court of New Jersey is challenging New Jersey’s laws that limit the rights to those under 21. The litigation also goes after the U.S. ban on federal firearm license holders from transferring a pistol to an individual under 21.

This challenge to the New Jersey and federal statutes is coming from the Second Amendment Foundation and New Jersey Firearms Owners Syndicate.

This filing in New Jersey comes at the heels of President Trump appointing another judge to the bench of the 3rd Circuit Court of Appeals. With a growing number of judges in the circuit who are seemingly more sympathetic towards plaintiffs bringing injury claims under the Second Amendment, this is a powerful move. New Jersey is a hotbed of unconstitutional restrictions that could all be overturned over the next decade.

The brief in Hague v. Murphy observes that “the laws and regulations of New Jersey deprive 18-to-20-year-olds of these fundamental rights in the acquisition, possession, use, and carrying of handguns […]. Further, the State Handgun Ban effectively incorporates the laws and regulations of the federal government that place additional prohibitions on the ability of such individuals to lawfully acquire such arms[.]”

“There is not, and never has been, a constitutionally grounded basis for depriving adults under 21 from owning or possessing handguns, period,” said Second Amendment Foundation Executive Director Adam Kraut. “Adults 18-20-years-old are part of ‘the People’ and can exercise their full Second Amendment rights. Unfortunately, residents of this age group living in New Jersey are being selectively discriminated against solely based on their age and we aim to rectify that.”

“New Jersey’s handgun and ammunition ban absolutely infringes on the Second Amendment rights of all resident adults under 21 in the state,” said Second Amendment Foundation founder and Executive Vice President Alan M. Gottlieb. “Each of our age-based lawsuits around the country have the same goal – restoring the rights of adults under 21 who have been disenfranchised by those who think they can trample on their Second Amendment rights purely based on their age.” 

Named plaintiffs in the case are Lily Hague, the Second Amendment Foundation, and New Jersey Firearms Owners Syndicate. The case Hague v. Murphy, names the following defendants: Governor Phil Murphy, Attorney General Matthew Platkin, New Jersey State Police Colonel Patrick J. Callahan, Monmouth County Prosecutor Raymond Santiago, Freehold New Jersey Police Chief George Bauman, and U.S. Attorney General Pam Bondi.

The plaintiffs are represented by Raymond M. DiGuiseppe of The DiGuiseppe Law Firm and Shannon Garrahan of the Law Offices of Shannon Garrahan, SAF said in their release.

“18 to 20-year-olds have voting rights, can serve in the armed forces, or as first responders,” New Jersey Firearms Owners Syndicate said in a release sent from their president, Mark Cheeseman. “Today, along with the Second Amendment Foundation, we have filed a federal lawsuit to enjoin both the State and Federal Government from enforcing unconstitutional laws against this group of men and women here in New Jersey.

“Our case, Hague v. Murphy, seeks to swiftly settle this matter. While the body of jurisprudence that is binding law in New Jersey is clear, the State and the Federal Government continue to fail to get the message. The Second Amendment is a right, not a  privilege, that belongs to all of the people.”

Speaking on behalf of New Jersey Firearms Owners Syndicate, Director of Legal Operations Joe LoPorto told Bearing Arms: “With this case, we seek to reinforce what is already controlling law in New Jersey and expand the clear ruling in Lara to ensure that both state and federal law is brought in-line.

“While this is one of many cases on this topic underway across the US,” LoPorto continued, “with similar cases making their way to the Supreme Court, our case is critical to both providing full relief to peaceable and responsible younger adults who should have all of their rights and spurring along the Roberts Court that seems to insist on adequate percolation. It’s fully percolated and this issue should be fully resolved here in New Jersey and nationally.”

This is a very meaningful filing. With precedent already set on the issue, perhaps there will be a request for a summary judgement in the near future? Considering the 3rd Circuit has already spoken, the district court would be bound by their findings. None-the-less, it looks like people in this no-man’s-land age bracket of “lost adults” will eventually be repatriated with their rights in the Garden State–and nationwide.