Koons v. Platkin - FPC Law 2A Challenge to New Jersey Public Carry Bans

Summary: Federal lawsuit challenging public carry bans in New Jersey as unconstitutional under the Second Amendment.

Plaintiffs: Ronald Koons, Nicholas Gaudio, Jeffrey Muller, Gil Tal, Second Amendment Foundation, Firearms Policy Coalition, Coalition of New Jersey Firearms Owners, and New Jersey Second Amendment Society

Defendants: New Jersey Attorney General Matthew Platkin and New Jersey State Police Superintendent Patrick Callahan.

Litigation Counsel: David Jensen

Docket: D. NJ case no. 1:22-cv-07464, Third Circuit case no. 23-1900 | CourtListener Docket

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Key Events & Filings:

Circuit Court

2024-2-5: 28(j) Letter
2024-1-30: 28(j) Letter
2024-1-23: 28(j) Letter
2024-1-17: 28(j) Letter
2024-1-9: 28(j) Letter
2023-12-22: 28(j) Letter
2023-12-21: 28(j) Letter
2023-12-15: 28(j) Letter
2023-12-12: 28(j) Letter
2023-10-25: Oral arguments
2023-10-18: 28(j) Letter
2023-10-18: 28(j) Letter
2023-10-04: 28(j) Letter
2023-9-18: Reply Brief for Siegel Plaintiffs-Appellees/Cross-Appellants
2023-9-4: Response/Reply Brief of Defendants-Appellants
2023-9-4: Reply Brief of Intervenors-Defendants-Appellees New Jersey Senate President Nicholas P. Scutari and New Jersey Assembly Speaker Craig J. Coughlin in Further Support of the Appeal Filed by the State Appellants
2023-8-21: Response Brief for Koons Plaintiffs-Appellees
2023-8-16: Brief for Citizens Committee for the Right to Keep and Bear Arms and FPC Action Foundation as Amici Curiae in Support of Appellees and Affirmance
2023-8-10: Principal and Response Brief for Siegel Plaintiffs-Appellees/Cross-Appellants
2023-7-27: Brief of Amicus Curiae Brady in Support of Defendants-Appellants
2023-7-27: Brief of Amicus Curiae County Prosecutor's Association of New Jersey
2023-7-27: Brief of Giffords Law Center to Prevent Gun Violence as Amicus Curiae in Support of Defendants-Appellants and Reversal
2023-7-27: Brief of Amicus Curiae March for Our Lives Foundation in Support of Defendant Appellant/Cross-Appellee Attorney General of New Jersey
2023-7-27: Brief of Everytown for Gun Safety as Amicus Curiae in Support of Appellants and Reversal
2023-7-27: Brief for the District of Columbia, the States of Illinois, California, Colorado, Connecticut, Delaware, Hawaii, Maryland, Massachusetts, Michigan, Minnesota, New York, Oregon, Pennsylvania, Rhode Island, Vermont, Washington, and the Northern Mariana Islands as Amici Curiae in Support of Defendants-Appellants/Cross-Appellees and Reversal in Part
2023-7-27: Brief for Professors of Property Law as Amici Curiae in Support of Defendants-Appellants and Reversal
2023-7-20: Opening Brief of Defendants-Appellants
2023-7-20: Brief of Intervenors-Defendants-Appellees New Jersey Senate President Nicholas P. Scutari and New Jersey Assembly Speaker Craig J. Coughlin
2023-6-20: The Motion to Modify the Expedited Briefing Schedule is granted in part. The briefing schedule will be modified as follows: Appellants/Cross-Appellees and Intervenors shall file their opening briefs and the joint appendix on or before July 20, 2023; Appellees/Cross-Appellants shall file their opening/response brief on or before August 10, 2023; Appellees' shall file their response brief on or before August 21, 2023; Appellants/Cross-Appellees and Intervenors shall file their response/reply briefs on or before September 4, 2023; and Appellees/Cross-Appellants shall file their reply brief on or before September 18, 2023.
2023-6-20: Order
2023-6-9: Order
2023-6-2: Reply in Support of Emergency Motion for Stay Pending Appeal
2023-5-30: Plaintiffs-Appellees’ Response in Opposition to Defendants-Appellants’ Motion for Stay Pending Appeal
2023-5-30: Siegel Plaintiffs-Appellees’ Response to Defendants-Appellants’ Emergency Motion for Stay Pending Appeal
2023-5-26: Letter
2023-5-22: Emergency Motion for Stay Pending Appeal
2023-5-22: Uncontested Motion to Expedite Appeal

District Court

2023-7-26: Order Restoring Case to Active Calendar
2023-6-22: Order
2023-5-16: Notice of Appeal
2023-5-16: Order
2023-5-16: Opinion
2023-3-27: Supplemental Brief
2023-3-27: Supplemental Brief
2023-3-27: Supplemental Brief
2023-3-27: Supplemental Brief
2023-3-8: Letter
2023-3-7: TEXT ORDER This matter comes before the Court upon the March 3, 2023, letter filed by Defendants advising the Court that Defendants will appeal, and seek a stay of, this Court's Orders on Plaintiffs' TRO Motions. The Court makes the following observations. Following this Court's decisions on those motions, the parties agreed to their own briefing schedule on Plaintiffs' Motions for a Preliminary Injunction and later extended the date for Plaintiffs to file reply briefs to February 24, 2023. The Court since received over 2000 pages in briefing from the parties, the intervenors, and amici curiae, including numerous certifications with exhibits annexed thereto from Defendants, with the last filing of another certification by Defendants yesterday, on March 6, 2023. Given the parties' agreement on the briefing schedule, consent for time extensions, and conduct, the parties led this Court to conclude that they had agreed that "good cause" existed to extend the duration of the TROs throughout the Preliminary Injunction phase of this litigation. Defendants have now seemed to alter the course they agreed to with Plaintiffs and represented to this Court. Notwithstanding, the Court intends to hold oral argument on Plaintiffs' Motions for a Preliminary Injunction on March 17, 2023, at 10:00 a.m., to address several issues that Defendants did not sufficiently address in their briefs. The Court notes, however, that if Defendants file an appeal as stated in their letter and the appeal is taken, the Court questions whether it still retains jurisdiction to hear this matter and, thus, will require the parties to address the issue of the Court's continued jurisdiction because of Defendants' appeal.
2023-3-3: Letter
2023-2-25: Koons Plaintiffs’ Reply Brief
2023-2-13: Defendants’ Brief in Opposition to Plaintiffs’ Motions for Preliminary Injunction
2023-2-13: Brief of Intervenors-Defendants New Jersey Senate President Nicholas P. Scutari and New Jersey Assembly Speaker Craig J. Coughlin in Opposition to Plaintiffs’ Motion for a Preliminary Injunction
2023-2-7: Amended Complaint
2023-1-31: TEXT ORDER This matter comes before the Court upon a letter submission from the Siegel Plaintiffs, requesting that the Court clarify its Order and Opinion, dated January 30, 2023. The Court's Order did, in fact, "deny relief as to all playgrounds regardless of whether they are affiliated with schools" or parks.
2023-1-30: Order Granting Motion to Intervene
2023-1-30: Opinion
2023-1-24: Motion to Intervene on Behalf of New Jersey Senate President Nicholas P. Scutari and New Jersey Assembly Speaker Craig J. Coughlin
2023-1-12: Letter
2023-1-9: Order
2023-1-9: Opinion Granting Motion for a Temporary Restraining Order
2023-1-5: TRO Hearing Transcript
2023-1-3: Plaintiffs' Reply Brief
2022-12-30: Letter from Defendant William Reynolds, Atlantic County Prosecutor, in Opposition to Motion for a Temporary Restraining Order
2022-12-30: State Defendants’ Brief in Opposition to Plaintiffs’ Motion for a Temporary Restraining Order
2022-12-30: Brief on Behalf of Defendant Grace C. MacAulay, Camden County Prosecutor, in Opposition to Motion for a Temporary Restraining Order
2022-12-26: Letter
2022-12-26: Letter
2022-12-26: Order to Show Cause for a Temporary Restraining Order and Preliminary Injunction
2022-12-24: Plaintiffs’ Brief in Support of a Temporary Restraining Order and Preliminary Injunction
2022-12-22: Complaint

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