BELLEVUE, WA – The Second Amendment Foundation today filed an amended complaint in its federal lawsuit against New Jersey Gov. Phil Murphy and State Police Supt. Patrick Callahan, adding several plaintiffs asserting violation of civil rights under color of law by shutting down firearms dealerships in the Garden State.
Plaintiffs have also filed a show cause motion for a temporary restraining order and preliminary injunction.
Joining SAF and its original co-plaintiffs are Gina DiFazio, Jontell Platts, Witold Kwiatkowski, Legacy Indoor Range and Armory LLC and the Firearms Policy Coalition (FPC). The original plaintiffs were SAF, Racing Rails LLC d/b/a Legend Firearms, the New Jersey Second Amendment Society and Robert Kashinsky. They are represented by noted civil rights attorney David Jensen of New York and Adam Kraut of California.
Murphy and Callahan are being sued in their official capacities. The case, which was filed in the U.S. District Court for the State of New Jersey is known as Kashinsky v. Murphy.
“We are thrilled to be joined by our friends at FPC, along with other New Jersey residents whose Second Amendment rights are being trampled by Gov. Murphy’s order,” said SAF founder and Executive Vice President Alan M. Gottlieb. “As we say in our amended complaint, Murphy’s order has forcibly eliminating all lawful channels of access to constitutionally protected arms. By requiring that people not leave their homes to legally purchase firearms and ammunition, even if they follow public health guidance for social distancing, their rights are being denied.
“To guarantee this violation,” he added, “Murphy has mandated the closure of all retail businesses that sell firearms, and the State Police has closed the portal on their website for firearms background checks. Individually and collectively, these actions amount to a ban on obtaining firearms in the State of New Jersey.
“Ten years ago,” Gottlieb recalled, “The U.S. Supreme Court proclaimed that the Second Amendment is not a ‘second-class right’ but it’s being treated that way in New Jersey. The right to keep and bear arms is not subject to the whims of any state official, and it’s time for that message to be delivered clearly by the federal courts.”