New Jersey Phil Murphy gun stores
New Jersey Gov. Phil Murphy (AP Photo/Seth Wenig)

And another one falls. Following a lawsuit against the state of New Jersey by the Second Amendment Foundation and a declaration by Homeland Security that gun makers, retailers and ranges are critical infrastructure, New Jersey Governor Phil Murphy has done an about face and announced that firearm retailers in the Garden State will be allowed to reopen.

Here’s a press release from the Second Amendment Foundation:

The Second Amendment Foundation declared victory today when New Jersey Gov. Phil Murphy backed away from his earlier position on gun shop operations in the state during the current COVID-19 panic, and will now allow operations by appointment.

SAF sued Murphy and acting State Police Supt. Col. Patrick Callahan in U.S. District Court last week, seeking a preliminary injunction and temporary restraining order. They were ultimately joined by the New Jersey Second Amendment Society, Legacy Indoor Range and Armory LLC and the Firearms Policy Coalition (FPC), Racing Rails LLC d/b/a Legend Firearms and several private citizens. Plaintiffs were represented by noted civil rights attorney David Jensen of New York and Adam Kraut of California.

“We’re delighted that Gov. Murphy has reversed course on this matter, even if it took a lawsuit to get him to do it,” said SAF founder and Executive Vice President Alan M. Gottlieb. “Our lawsuit cut right to the heart of what the Second Amendment is all about, which is personal protection during emergency situations like the ongoing coronavirus pandemic that has gripped the nation.”

Murphy found himself in the uncomfortable, and untenable, position of having to defend his armed protection detail while having closed down Garden State gun shops, making it impossible for average citizens to by even ammunition, much less a firearm.

“While we pursue litigation elsewhere,” Gottlieb said, “we’re happy that the situation in New Jersey has changed. Regardless what some politicians might think, the Second Amendment is not subject to emergency orders, same as the First, Fourth, Fifth or other constitutional protections.

“This is one more example of SAF’s ongoing mission to win back firearms freedom, one lawsuit at a time,” he concluded.

The Second Amendment Foundation (www.saf.org) is the nation’s oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 650,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control.

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45 COMMENTS

  1. Surprised they backed down. Maybe they didn’t want to set a precedent if it went to trial, better not to put the loss on the books. Great news anyway!

    • “It is surprising he gave in without a fight.”

      No, he pulled a fast one on them, see the top comment.

      What good is a store being open if nothing can leave that store without the state’s say-so?

  4. Depending on how many stupid liberals you have, you may want to start looking for another job now!

    • @ Imayeti
      No, it was much more basic than that. Rights had nothing to do with it, it was political. It was plain and simple; too much negative publicity plus he had a way out.

  6. At what point does backing off when caught demonstrate that they think their grand grabs are neither necessary nor authorized?

      • And they can look all innocent with “We reopened them!”

        Leftist scum…

    • As NICS is unConstitutional, why even bother with the checks, as the 2 nd. does say the gun purchaser “Shall Not Be Infringed” .

      • okay, good luck with that line to an FFL trying to keep his license. I guess you could just buy one illegally, but then good luck with the Jersey court system.

        • Nullification as with jury duty after all we are speaking of a un Constitutional law, which is no law and while we are at it requiring seller to hold a FFL also fails Constitutional grounds, just saying.

  9. Why is he wearing a USA flag on his lapel? He does not believe in the Constitution; why wear a flag?

    • That US flag is paired with the “Piss your pants you yellow-bellied pusillanimous commie buttplug flag.”

      Quite common here in the Northeast.

  10. Perhaps he was afraid of the being charged with sabotaging critical infrastructure during a national emergency.

  11. Too little too late. He’s already showed his self serving stick in the mud worthless democRat behind.

  13. A partial win, ranges are still closed, need them to be opened for training and qualifications to maintain carry permits. Would love to hear the reasoning behind this plan!

    • Downunder the state of Victoria has joined Queensland and Western Australia in ordering gun shops to close in a monumental example of panicking fear and ignorance.

      Those making the decisions are panicking in fear of people buying guns in large numbers, and ignorant of the process to purchase which can take a month if you’re already licensed and 4-6 months if you’re not. And since all the ranges are closed no one can start the process by joining a club.

  14. Hey Jersey Governor, Why don’t you do something positive with your Emergency Powers? How about using your Powers and take control of the former Army Hospital located on Fort Monmouth? It would be much quicker to get it up and running as the structure is already there and potentially equipment and beds! Send a survey team to see what its got and what it needs. Not only the hospital there are barracks (think hotel rooms), and a host of other facilities that could be utilizes.

    • “Putting aside the constitutionality of this, I want to see this happen at a mosque.”

      Done at the highest levels of Islam.

      The Saudi king cancelled the annual hajj pilgrimage in the holy city of Mecca…

  16. Don’t drop the lawsuit! What good is it to a only allow the shops to open if nothing else is up and running? It only proves he’ll back down just enough to get all the national attention off of his worthlessness. It shows the other gun grabbing dems you’ll back down too

  17. Most of the gun stores by me are either really small, or really cramped with goods. I don’t know if that’s the same in NJ but It’s difficult to practice social distancing in them, especially when every asshole and their brother are clamoring for guns and ammo they should have already had. If you decide to go, I would take measures to protect yourself from COVID transmission.

  18. “In accordance with the guidance released by the federal Department of Homeland Security, effective Tuesday, March 31, at 8:00 a.m., firearms retailers are permitted to operate – by appointment only and during limited hours – to conduct business which, under law, must be done in person. The NICS background check system will be up and running to process firearms purchases.”

    https://nj.gov/governor/news/news/562020/approved/20200330b.shtml

  20. LA County sheriff Villanueva also flip flopped again, now saying he’ll allow gun stores to remain open. Probably has something to do with the new lawsuits filed against him and that he’s possibly being voted out of his position as emergency coordinator today.

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  23. So now if one tell governmental unit officials to go to hell,
    the post get deleted?

    Time to leave TAG?? Shame on the management.

  24. Hey Jersey Governor, Why don’t you do something positive with your Emergency Powers? How about using your Powers and take control of the former Army Hospital located on Fort Monmouth? It would be much quicker to get it up and running as the structure is already there and potentially equipment and beds! Send a survey team to see what its got and what it needs. Not only the hospital there are barracks (think hotel rooms), and a host of other facilities that could be utilizes.www.self21.com

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