Litigation Update: Koons v. Platkin

Koons v. Platkin is a challenge to certain provisions of New Jersey Bill A4769/S3214 – now known as Chapter 131 – that overhauled the state’s firearms and concealed carry laws following the U.S. Supreme Court’s ruling in New York State Rifle & Pistol Association v. Bruen.

Among other things, the law features 25 broad categories of “sensitive places” where permit holders may not carry a firearm. Additionally, the law makes all private property presumptively a “sensitive place” and requires permit holders to obtain consent from the property owner before carrying on their property.

Chapter 131 faced legal challenge immediately upon being signed into law by the Governor of New Jersey. At the District Court level, plaintiffs argued that several of the “sensitive place” restrictions plainly violated the Second and Fourteenth Amendments to the U.S. Constitution. Plaintiffs also challenged a provision that required permit holders to render their weapons inoperable while inside a moving vehicle. The State of New Jersey has maintained that Chapter 131 is consistent with the Second Amendment and the decision in Bruen.

The District Court granted a TRO and later a preliminary injunction noting that certain parts of the law were “plainly unconstitutional.” The case is now being litigated in the U.S. Court of Appeals for the Third Circuit where oral arguments were heard on October 25, 2023. Peter A. Patterson, Partner at Cooper & Kirk and counsel to plaintiffs, discussed the case.