Judge reluctantly strikes blow to Florio-era gun control law

Matt Friedman's must-read briefing on the Garden State's important news of the day
Jul 31, 2024 View in browser
 
New Jersey Playbook

By Matt Friedman

Good Wednesday morning!

A coiuple weeks after a 20-year-old used his dad’s AR-15-style to try to assassinate Donald Trump, a federal judge has overturned New Jersey’s ban on the AR-15. But very, very reluctantly.

“It is hard to accept the Supreme Court’s pronouncements that certain firearms policy choices are ‘off the table’ when frequently, radical individuals possess and use these same firearms for evil purposes,” U.S. District Court Judge Peter Sheridan wrote on Tuesday. “Even so, the Court’s decision today is dictated by one of the most elementary legal principles within our legal system: stare decisis. That is, where the Supreme Court has set forth the law of our Nation, as a lower court, I am bound to follow it. This principle — combined with the reckless inaction of our governmental leaders to address the mass shooting tragedy afflicting our Nation — necessitates the Court’s decision.”

Welcome to the new normal. 

Sheridan stayed the decision pending appeal, which Attorney General Matt Platkin in a statement said would be coming. And notably, Sheridan did not strike down the state’s ban on magazines with room for more than 10 bullets. Nor does the decision more broadly tackle New Jersey’s 34-year-old “assault weapons” ban, though it probably spells trouble for it.

“Today’s decision weaponizes the Second Amendment to undermine public safety. I am disappointed that the District Court has held that individuals have a constitutional right to possess the Colt AR-15, a ruling that has no support in the text or the history of the Constitution,” Patkin said.

Scott Bach, executive director of the New Jersey Association of Rifle and Pistol Clubs — the top plaintiff — called it a “mixed decision” and said his organization is appealiing the part of the decision upholding of the magazine ban “among other things.”

“Despite its limitations, the case is groundbreaking in that it’s the first case arising in the Garden State that invalidates part of New Jersey’s so-called assault weapons ban,” Bach said.

TIPS? FEEDBACK? Email me at mfriedman@politico.com.

HAPPY BIRTHDAY: Sam Thompson, Leo McGuire

QUOTE OF THE DAY:  "You’re two clicks away from having access to porn, which is frightening. I think every parent needs to know that, and I don’t think they really do grasp that when they give a 10-year-old, an 11-year-old, a 12-year-old a cellphone that has access to … these types of sites,’ said Assemblymember Vicky Flynn (more on that below)

WHERE’S MURPHY? — Italy

 

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WHAT TRENTON MADE


A BIG FERCKING DEAL — Federal court throws out approval of gas pipeline that could derail New Jersey’s climate goals, by POLITICO’s Ry Rivard: A federal court on Tuesday threw out federal regulatory approval for a natural gas pipeline expansion in New Jersey, siding with state officials and environmentalists that argued the project would make the state’s climate change goals impossible to meet. The decision by the D.C. Circuit Court of Appeals may give blue states with ambitious climate change goals a new tool against pipeline projects by forcing the Federal Energy Regulatory Commission to consider those climate goals before approving projects that will send new fossil fuels into states. The 33-page unanimous opinion by a three-judge panel, which can be appealed, found that FERC approved the project despite knowing the expansion would spur “enormous” greenhouse gas emissions in New Jersey. The expanded pipeline would be responsible for nearly half the state’s greenhouse gas emissions by 2050 if Democratic Gov. Phil Murphy’s goal of cutting other emissions 80 percent by then is met, according to New Jersey’s ratepayer advocate, which helped bring the case along with environmental groups.

VICTIMS REVICTIMIZED — “He was supposed to help crime victims. Instead, he sexually harassed, exploited them, they allege,” by NJ Advance Media’s Ted Sherman: “They were emotionally fragile. One was dealing with the trauma of a son shot and killed in Irvington and needed counseling. Another sought to escape an abusive relationship. A third had complained of sexual harassment at her job that led to being trapped in a bathroom where her stalker exposed himself while holding out a condom. According to court filings, all turned to an agency under the oversight of the state Attorney General created to help people victimized by crime. Instead, they say, they were victimized once more by an investigator for the New Jersey Victims of Crime Compensation Office, or VCCO, assigned to their cases who allegedly used his position to sexually harass and exploit each of them, court filings charge. That investigator, Guilherme Jamarino, 47, of Point Pleasant, was criminally charged with official misconduct in April, criminal court records show. He was arrested and was released pending trial. In separate civil lawsuits reviewed by NJ Advance Media filed against the VCCO, meanwhile, three women he was supposed to be helping claimed the agency itself either ignored or failed to act upon their complaints of abuse.”

I WANNA BET LIKE MIKE — NJ voters rejected college sports betting expansion. This lawmaker wants to try again, by POLITICO’s Matt Friedman: Voters three years ago rejected a constitutional amendment that would ban gambling on college sports games played in New Jersey or by a team from the state. Now, a New Jersey lawmaker wants to try again. Freshman Democratic Assemblymember Michael Venezia reintroduced the unsuccessful constitutional amendment last month, saying he thinks the public will be more receptive to it following rules enacted just before the last ballot question failed that enabled student athletes to profit from the use of their “name, image or likeness," or NIL. “I’m a huge sports fan, and don’t think it was sold properly to the public in 2021,” Venezia said in a phone interview. “I also think a lot has changed with college sports since 2021 with the whole NIL, which before [then] I was concerned with college kids being part of the whole betting process.” Venezia introduced the amendment, NJ ACR140 (24R), on June 28.

MAN VS. KATZ — “Fulop taps Evesham councilman for Assembly in primary against South Jersey Dems,” by New Jersey Globe’s David Wildstein: “Democratic gubernatorial candidate Steve Fulop has picked his first running mate outside of Hudson County: Evesham Councilman Eddie Freeman III will seek a State Assembly seat in the 8th district next year. This sets up a likely primary between Freeman, a lawyer and U.S. Army veteran who served in Afghanistan, and the two candidates backed by the South Jersey Democratic organization: incumbent Andrea Katz (D-Chesterfield) and Anthony Angelozzi, a Hammonton High School history teacher and president of the local teacher’s union. Fulop began recruiting Assembly candidates who would share his slogan – and his line, if U.S. District Court Judge Zahid Quraishi defies expectations and ends office block ballots – in April, pledging to spend $10 million to recruit candidates who would be independent of party leaders”

@MikieSherrill: “Blue states are the first line of defense against Trump and Asw. Katz flipped a red seat by just 198 votes. As MAGA Republicans threaten our freedoms, we should be focusing our efforts on growing our Dem majority—not personal gain. Proud to support her and women across NJ.” (Fulop came back at her with this.)

DEBBIE DOES DOVER — “Lawmakers hear calls to restrict pornography access,” by New Jersey Monitor’s Nikita Biryukov: “A Republican-led legislative panel took testimony Monday on proposals to require intense age verification for access to pornographic sites and other measures to restrict minors’ access to pornography. The hearing, which was attended by four Republicans and Democratic Assemblywoman Tennille McCoy (D-Mercer), saw testimony from doctors, the age verification industry, and an array of Christian groups that urged lawmakers to impose new restrictions on porn access, citing research that shows minors who consume it show more aggressive sexual tendencies. … Assemblyman Jay Webber (R-Morris), who chaired the hearing, is sponsoring a bill that would require more robust and invasive age verification methods for sites where a substantial amount of the content is sexual in nature.”

 

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YOU CAN’T TRUST NEW YORKERS. ESPECIALLY ONES WHO WRITE NEW JERSEY NEWSLETTERS —“Congestion pricing is on an indefinite pause. New Yorkers are suing to start it,” by NJ Advance Media’s Larry Higgs: “Will the fate of New York’s now-on-pause congestion pricing plan to charge $15 to enter lower Manhattan be decided by dueling lawsuits in New Jersey and New York? The plan to charge a fee to enter Manhattan south of 60th Street to raise funds for major subway, bus and MTA commuter rail projects was supposed to start a month ago on June 30, until Gov. Kathy Hochul put it on indefinite pause, citing economic reasons.Since then, there have been two new lawsuits filed by officials and advocacy groups in New York trying to start congestion pricing and overrule the governor. The most recent suit seeking to start congestion pricing was brought by New York City Comptroller Brad Lander on July 25, who filed two lawsuits in conjunction with advocacy groups. Lander and the groups contend Hochul’s pause on implementing congestion pricing violates two state laws.”

—“NJ faces increasing pressure to end investments in fossil fuels” 

—“New legal protections for homeless people on hold in NJ” 

—“Baraka super PAC poll shows Newark mayor, Sherrill best known among democrats” 

—“Undocumented immigrants in N.J. pay $1.3B in state and local taxes, new study says” 

BIDEN TIME


—“How Andy Kim could get a boost from getting into the Senate early” 

—“Curtis Bashaw is ‘a very strong candidate,’ Senate GOP campaign leader says” 

—Zdan: “For the Senate vacancy, [Esther Salas] is Murphy’s best option” 

—“Harris ballot shake-up energizes young voters” 

LOCAL

 
TOTO: WHISPERS OF SOME QUIET CONVERSATION NOT SUBJECT TO OPRA — “Appeals filed after judge blocks release of 'racially charged' Spotswood bodycam footage,” by MyCentralJersey’s Mike Deak: “Two appeals have been filed of Middlesex County Superior Court Judge Michael Toto's ruling that bodycam footage of Spotswood Mayor Jackie Palmer allegedly making racist comments to police during a meeting in her office will not be publicly released. The appeals of the May 29 ruling were filed by Gannett, the parent company of the Home News Tribune and MyCentralJersey.com, and Spotswood resident Steven Wronko. … ‘Transparency is important here,’ said CJ Griffin, Gannett's attorney, after Superior Court Judge Michael Toto released the decision. ‘We argued all along that the public deserves to see the exact words and context of what the Mayor said, as opposed to the allegations in Sasso’s complaint, as well as how the police behaved and any violations of law that they committed.’”

SQUEE SCHOOLS — “District squeezing community pre-schools, providers say,” by TAPIntoNewark’s Therese Jacob: “The Newark School district is using aggressive tactics to compete with privately run preschools in the city, according to several providers, who say that it is becoming increasingly difficult to fill seats. … The privately run preschools are free, but funded through the district. … During the May 2 Newark Board of Education reorganization meeting … Virginia Atahualpa, a 33-year teacher at La Casa de Don Pedro, shared her own frustrations with how their partnership with the District is going. She said during the public comment period that her office has been “raising the alarm” on its understaffing issues for months. Atahualpa said that they have asked the board to approve funding for two additional staff members, though they were told that current staffing ratios say they are sufficiently equipped to handle their students.”

KNEADINGS FROM ASBURY PARK —  “Catsbury Park Cat Convention heads back to the Shore with vendors, adoptable cats,” by The Asbury Park Press’ Ilana Keller: “A convention celebrating all things cat is coming back to the Jersey Shore — no kitten! The Catsbury Park Cat Convention takes place Saturday, Oct. 5, at Bell Works in Holmdel and features influencers, rescuers, educators and entertainers. There will more than 50 vendors selling cat-themed merchandise; an on-site cat cafe where people can meet adoptable pets; expert speakers and panels about wellness, rescue, and Trap-Neuter-Return, organizers say.”

—“Gerald Lyons, former Jersey City school board member, to run in Secaucus

—“Charges dropped against organizer in 2020 expressway protest” 

—“Cops forced me to resign because of my dark skin, religion, [Fort Lee] officer says in lawsuit” 

—“Former [Fair Lawn] cop says he faced frequent harassment from junior officer” 

—“FBI nabs 4 Ocean County men charged with trafficking in firearms, including ‘ghost guns’” 

—“Brandi Warren joins McGreevey’s slate as Jersey City Ward A council candidate” 

EVERYTHING ELSE


BUDD NOT ANY WISER — “Rutgers prof under review for saying she hopes Trump shooting will ‘inspire others’,” by NJ Advance Media’s Tina Kelley: “Soon after Trump was shot at a campaign rally in Pennsylvania earlier this month, Rutgers English assistant professor Tracy Budd allegedly posted comments on Facebook about the attack. ‘Let’s hope today’s events inspire others,’ she said, according to screen grabs of her account. She then added, ‘They shot his wig. Sad.’ Rutgers officials said they are reviewing the comments and 'any appropriate actions will be taken based on our policies.'”

A BIG BLUEFIB — “A hoax? What we know now about fisherman's Raritan Bay claim of catching 135-pound tuna,” by The Asbury Park Press’ Dan Radel: “It appears Steve Nosti, a 28-year-old from Holmdel, fabricated his story about catching a bluefin tuna in Raritan Bay -- with a now-deleted message it was ‘all one big giant joke that was supposed to get a few laughs"’posted to Nosti's Facebook account. The message was posted after Nosti's giant tuna claims had been published on APP.com, in the Asbury Park Press and shared numerous times on fishing community social media accounts. … The Press has also learned that a conservation officer with the state Department of Environmental Protection is investigating the alleged catch, a tuna, which requires a Highly Migratory Species permit to land. … ‘This was a hoax that he took way too far. He should have never taken it to the press,’ said Paul Haertel, a longtime officer and committeeman in the Jersey Coast Angler's Association, a nonprofit that works to protect the rights of New Jersey's recreational fishermen. ‘Most people wished it was a true story.’”

ANOTHER ONE — “N.J. woman injured after Dunkin’ hot coffee tray spilled on her, lawsuit says,” by NJ Advance Media’s Anthony G. Attrino: “New Jersey woman has sued a Dunkin’ store in Union County, claiming she sustained severe burns to both arms when a tray of hot coffee spilled on her. Latonya Nicholas, 50, states in court papers a tray containing several coffee cups tipped over and the hot liquid scalded her arms as she sat in her car about 1 p.m. on Aug. 5, 2022, at the Dunkin’ on First Avenue in Roselle.”

—“Hezly Rivera of Oradell wins gold medal with U.S. women's gymnastics team at 2024 Olympics” 

—“[Metuchen] bishop calls Paris Olympics opening ceremony ‘scandalous,’ asks for prayers” 

—“Ex-Penn State frat brothers plead guilty to hazing charges in N.J. college student’s death” 

—“N.J. recalls cannabis product that contained insects and human hair” 

R.I.P. — “N.J. rap legend Chino XL, lyrical alchemist, dead at 50” 

 

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