May 2023 - Parks & Recreation - 30

LAW REVIEW
Licensed gun carriers challenged
provisions in a recently enacted New
Jersey statute that added " sensitive
place " designations to include public
park and recreation resources in the
case of Siegel v. Platkin.
Does History Justify 'Gun-Free'
Public Park Resources?
By James C. Kozlowski, J.D., Ph.D.
I
n the case of Siegel v. Platkin, 2023 U.S. Dist. LEXIS 15096 (Dist.
N.J. 1/30/2023), several licensed gun carriers challenged a number
of provisions in a recently enacted statute (Chapter 131 of the 2022
Laws of New Jersey), which had added " sensitive place " designations
to include public park and recreation resources. Chapter 13 was enacted in
response to the United States Supreme Court decision in New York State
Rifle & Pistol Ass'n, Inc. v. Bruen, which had held " the Second and Fourteenth
Amendments protect an individual's right to carry a handgun for selfdefense
outside the home. " 142 S.Ct. 2111, 2122, 213 L. Ed. 2d 387 (2022).
In Bruen, the Supreme Court
struck down a New York statute
that had required an applicant
for a concealed carry permit to
demonstrate " proper cause " to
obtain a license to carry a firearm
in public. In so doing, the Court
acknowledged the unconstitutionality
of
30
Parks & Recreation | MAY 2 0 2 3
analogous
in other states
statutes
that required a
| PARK S ANDRECRE AT ION . OR G
" showing of some additional special
need, " such as New Jersey's
law requiring that an applicant
show " justifiable need " to obtain
a license to carry.
According to the Court, Bruen
" clarified " the applicable legal
standard for applying the Second
Amendment to governmental firearm
regulation as follows:
When the Second Amendment
plain text covers an individual's
conduct,
the
Constitution presumptively
protects that conduct.
The Government must then justify
its regulation by demonstrating
that it is consistent with the Nation's
historical tradition.
In response to Bruen, the New
Jersey Legislature passed sweeping
legislation. On December 22, 2022,
New Jersey Governor Phil Murphy
signed into law Chapter 131 of the
2022 Laws of New Jersey that imposed
a new set of requirements,
many of which became effective
immediately, including declaring
certain locations as " sensitive places "
where handguns are prohibited
even by licensed carriers.

May 2023 - Parks & Recreation

Table of Contents for the Digital Edition of May 2023 - Parks & Recreation

May 2023 - Parks & Recreation - Intro
May 2023 - Parks & Recreation - Cover1
May 2023 - Parks & Recreation - Cover2
May 2023 - Parks & Recreation - 1
May 2023 - Parks & Recreation - 2
May 2023 - Parks & Recreation - 3
May 2023 - Parks & Recreation - 4
May 2023 - Parks & Recreation - 5
May 2023 - Parks & Recreation - 6
May 2023 - Parks & Recreation - 7
May 2023 - Parks & Recreation - 8
May 2023 - Parks & Recreation - 9
May 2023 - Parks & Recreation - 10
May 2023 - Parks & Recreation - 11
May 2023 - Parks & Recreation - 12
May 2023 - Parks & Recreation - 13
May 2023 - Parks & Recreation - 14
May 2023 - Parks & Recreation - 15
May 2023 - Parks & Recreation - 16
May 2023 - Parks & Recreation - 17
May 2023 - Parks & Recreation - 18
May 2023 - Parks & Recreation - 19
May 2023 - Parks & Recreation - 20
May 2023 - Parks & Recreation - 21
May 2023 - Parks & Recreation - 22
May 2023 - Parks & Recreation - 23
May 2023 - Parks & Recreation - 24
May 2023 - Parks & Recreation - 25
May 2023 - Parks & Recreation - 26
May 2023 - Parks & Recreation - 27
May 2023 - Parks & Recreation - 28
May 2023 - Parks & Recreation - 29
May 2023 - Parks & Recreation - 30
May 2023 - Parks & Recreation - 31
May 2023 - Parks & Recreation - 32
May 2023 - Parks & Recreation - 33
May 2023 - Parks & Recreation - 34
May 2023 - Parks & Recreation - 35
May 2023 - Parks & Recreation - 36
May 2023 - Parks & Recreation - 37
May 2023 - Parks & Recreation - 38
May 2023 - Parks & Recreation - 39
May 2023 - Parks & Recreation - 40
May 2023 - Parks & Recreation - 41
May 2023 - Parks & Recreation - 42
May 2023 - Parks & Recreation - 43
May 2023 - Parks & Recreation - 44
May 2023 - Parks & Recreation - 45
May 2023 - Parks & Recreation - 46
May 2023 - Parks & Recreation - 47
May 2023 - Parks & Recreation - 48
May 2023 - Parks & Recreation - 49
May 2023 - Parks & Recreation - 50
May 2023 - Parks & Recreation - 51
May 2023 - Parks & Recreation - 52
May 2023 - Parks & Recreation - 53
May 2023 - Parks & Recreation - 54
May 2023 - Parks & Recreation - 55
May 2023 - Parks & Recreation - 56
May 2023 - Parks & Recreation - Cover3
May 2023 - Parks & Recreation - Cover4
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/may-2024
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/april-2024
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/march-2024
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/february-2024
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/january-2024
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/december-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/november-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/october-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/september-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/august-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/july-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/june-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/may-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/april-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/march-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/february-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/january-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/december-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/november-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/october-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/september-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/august-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/july-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/june-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/may-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/april-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/march-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/february-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/january-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/december-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/november-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/october-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/september-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/august-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/july-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/june-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/may-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/april-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/march-2021
https://www.nxtbookmedia.com