New Jersey Senate President Bitter at Third Circuit’s Invalidation of State’s ‘Assault Weapons’ Ban

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New Jersey Senate President Nicholas Scutari
New Jersey Senate President Nicholas Scutari

TRENTON, N.J. — A recent press statement from New Jersey’s Democratic Senate president reacting to a significant decision by the Third Circuit Court of Appeals striking down New Jersey’s “assault weapons” ban may be an indication that the entrenched New Jersey government is finally recognizing that it is on the losing end of gun control measures it rammed down the throats of residents in December of 2022.

The July 20 press statement from Senate President Nicholas Scutari is an emotionally laden invective that impugns gun owners as criminals, as if the mere possession of an inanimate object will impart criminal behavior and intent.

The statement also illustrates that the state refuses to give up interest-balancing methods of infringing on Second Amendment rights – such as invoking generic “public safety” arguments – methods that the Supreme Court has said are unconstitutional and unallowable.

Politicians like Scutari argue that “weapons of war have no place in a civil society,” while simultaneously championing exemptions and carve-outs for law enforcement for those same gun control measures.

Additionally, the political elite defending New Jersey gun control measures – Scutari included – rely upon “black codes” and similar laws that historically disarmed individuals on the basis of race.

And in fact, investigative journalism from 2A author John Petrolino, who writes for News2A, has documented racial disparities in the state’s permit-to-carry schemes that denied black applicants at a rate double that of whites. One such case is seeking review by the Supreme Court. It appears that the state has attempted to cover up such data by denying OPRA requests, resulting in a pending lawsuit filed in March of this year.

Scutari’s statement also stands in stark contrast to the historical record of New Jersey’s first attorney general, whose view on an armed populace was that it was needed to keep a tyrannical government in check.

William Paterson, signer of the Constitution and New Jersey’s first attorney general, stated, “What, indeed, is a militia but the people themselves prepared to act as soldiers for the purpose of resisting oppression and securing their rights. To be prepared for war is the way to prevent it; to be ready in arms to meet and resist tyranny never fails to deter its approach. Tyrants dread freemen, when freeman not only have arms in their hands, but know how to use them.”

Scutari and Assembly Speaker Craig Coughlin have filed briefs in cases challenging New Jersey gun control as intervenors on behalf of the state, no doubt seeking to defend their significant roles in passing laws such as A4679, passed in December of 2022. And based on the Third Circuit’s recent decision on the state’s “assault weapons” ban, we have strong reason to believe they will likewise strike down major elements of the state’s concealed carry “sensitive places” restrictions.

On every front, New Jersey is slowly losing its war on gun control.

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