A Federal Judge, in a multifaceted decision, upheld a New Jersey law exemption that allows specific individuals to carry a concealed weapon without a permit. Workers’ compensation judges actively handling cases are one of the groups of individuals who are exempt from the permit requirement.
THE SEPARATE CLASS STATUTORILY ENACTED
“[The] subsequently enacted exemption allows certain judges, prosecutors, and the state attorney general and his or her deputies, to, among other things, carry handguns in all Chapter 131's sensitive places, exempts them from Chapter 131's permit process, and allows them, if they should choose, to carry assault firearms or machine guns. N.J. Stat. Ann. §§ 2C:58-4.6(a), 2C:39-6(a)(12).
CLASS EXEMPT FROM PERMIT REQUIREMENT
"...Chapter 131 now completely exempts certain judges, prosecutors, and attorneys general from New Jersey's restrictions on carrying firearms in public. Id. § 2C:39-6(a)(12) (providing New Jersey's law on unlawful possession of weapons, N.J. Stat. Ann. § 2C:39-5, “does not apply” to, among others, “[a] county prosecutor, assistant prosecutor, federal prosecutor, municipal prosecutor, Attorney General, assistant attorney general, deputy attorney general and federal, State, county, or municipal court judge, including a judge of the Tax Court and any other court of limited jurisdiction established, altered, or abolished by law, a judge of the Office of Administrative Law, a judge of the Division of Workers’ Compensation at all times while in this State”). Judges, prosecutors, and attorneys general now join the ranks of, among others, active law enforcement officers, certain correction officers, members of the armed services “while actually on duty,” and certain employees working at nuclear power plants, who too are completely exempt from New Jersey's restrictions on carrying firearms in public. Id. § 2C:39-6(a)(1) to (11).”
The statutory exception allows individuals to carry concealed weapons in public without a permit if they can show that they have a special need for self-defense. The law was enacted to ensure that workers’ compensation judges, , could protect themselves in their homes, even if they did not have a concealed weapon permit.
QUALIFICATIONS
To qualify for the permit exemption, workers’ compensation judges must meet certain requirements. They must:
- Be a resident of New Jersey
- Be a judge of the Workers Compensation Court of New Jersey
- Have a clean criminal record
- Pass a background check
- Provide proof of firearms training
If a judge of compensation meets all the requirements, they are exempt from the permit requirement and can carry a concealed weapon without a permit.
It is important to note that the exemption does not apply to all workers’ compensation judges. Only active the Workers’ Compensation Court of New Jersey judges actively hearing cases are exempt from the permit requirement. Judges who are retired or who are serving on other courts are not exempt.
THE SECOND AMENDMENT ASPECT OF THE CASE: SENSITIVE PLACES
In 2008 the US Supreme Court held that the Second Amendment guarantees a private, individual right to keep and bear arms for self-defense. District of Columbia v. Heller, 554 US 570 - Supreme Court 2008.
In another aspect of the case, the Court struck down provisions prohibiting firearms in sensitive places such as libraries, zoos, and bars. NJ legislated certain “sensitive areas” where individuals could not bear arms and created an exemption for specific individuals, including Judges of Compensation. That exemption was challenged in a case filed in Federal Court alleging under the Equal Protection clause of the US Constitution. The Federal lawsuit was filed challenging the “sensitive location” carry bans in NJ, alleging that they were unconstitutional under the Second Amendment. The Federal Court held that “Similarly situated” individuals, for purposes of an equal protection claim, are alike in all relevant respects; the dissimilar treatment of dissimilarly situated persons does not violate equal protection.
GUN VIOLENCE AND PUBLIC SAFETY
“Today’s decision will undoubtedly make New Jerseyans less safe. The court’s decision to strike down parts of New Jersey’s law directly undermines public safety and puts our communities at risk,” said Janet Carter, senior director of issues and appeals at Everytown Law. “Prohibiting guns in sensitive public locations like libraries, zoos, and bars is entirely consistent with the Second Amendment. New Jersey’s law is a common-sense approach to improving public safety and reducing senseless gun violence. The court’s ruling cannot stand and we are ready to help fight this dangerous decision on appeal.”
An appeal is pending before the US Third Circuit Court of Appeals.
Koons v. Platin, __ F.Supp.3d___, 2023 WL 3478604 (USDCT NJ 2023), Decided May 16, 2023. Appeals filed 3rd CIR, May 16, 2023, and June 9, 2023.
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Jon L. Gelman of Wayne, NJ, is the author of NJ Workers’ Compensation Law (West-Thomson-Reuters) and co-author of the national treatise Modern Workers’ Compensation Law (West-Thomson-Reuters). For over five decades, the Law Offices of Jon L Gelman 1.973.696.7900 jon@gelmans.com has represented injured workers and their families who have suffered occupational accidents and illnesses.
Blog: Workers ' Compensation
LinkedIn: JonGelman
LinkedIn Group: Injured Workers Law & Advocacy Group
Author: "Workers' Compensation Law" West-Thomson-Reuters
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