May 2023 - Parks & Recreation - 34

LAW REVIEW
edged " other courts have recognized
that overbroad restrictions on
carrying a firearm in or near public
parks for self-defense may violate
the Second Amendment, " in particular,
Bridgeville Rifle & Pistol Club
v. Small, 176 A. 3d 632, 654 (Del.
2017). As described by the court,
the Bridgeville decision had held
" the State's designation of public
parks as gun-free zones did not just
infringe, but destroyed, the core
right of self-defense for ordinary
citizens " under the Delaware Constitution
(tinyurl.com/tye8axyp).
Under Bruen, the federal district
court in this case recognized:
" The State may regulate
conduct squarely protected by
the Second Amendment only
if supported by a historical
tradition of firearm regulation. "
Based upon these cases and a review
of above cited historical urban
park ordinances, the federal district
court concluded: " Defendants have
not put forward sufficient evidence
at this juncture to justify their regulation
of firearms in public parks. "
Accordingly, unlike playgrounds,
the federal district held Plaintiffs
had met their burden for a temporary
restraining order at this preliminary
pretrial stage of the proceedings
by showing " a likelihood
of success that the restrictions of
Subpart 10 are unconstitutional "
as to public parks and beaches.
Subpart 11 Youth
Sports Events
Plaintiffs also challenged Section
7(a), subpart 11, which bans hand34
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guns " at youth sports events, as defined
in N.J.S.A. 5:17-1, during and
immediately preceding and following
the conduct of event. " 2022
N.J. Laws c. 131 § 7(a)(11).
As defined in
Section
a " youth sports event " means " a
competition, practice or instructional
event involving one or more
interscholastic
sports
as to whether this is a location that
already is, or should be considered,
settled " under the Bruen standard.
The federal district court, howev5:17-1,
er,
concluded " schools and youth
sports
events
intersect,
that
is,
teams or
sports teams organized pursuant
to a nonprofit or similar charter
or which are member teams in a
league organized by or affiliated
with a county or municipal recreation
department. "
Once again, citing Bruen, the
federal district
" the
court
reiterated
Second Amendment plain
text covers the conduct in question
(carrying a concealed handgun for
self-defense in public). " In so doing,
however, the court recognized
that the Bruen standard had made
it clear that " schools are paradigmatic
sensitive locations
where
firearms can be banned. "
Accordingly,
similar
to
playgrounds,
Defendants had argued
this same standard " should be
more broadly applied to any place
where great numbers of defenseless
people (e.g., children) gather, "
including youth sport events.
In an earlier case, prior to Bruen,
the federal district court noted " the
Supreme Court has recognized the
permissibility of a restriction when
it applies to schools " :
Nothing
in
our
opinion
should be taken to cast doubt on
long-standing prohibitions on laws
forbidding the carrying of firearms
in sensitive places such as schools.
Once again, however, the federal
district court found it unfortunate that
" Defendants have done no meaningful
analysis to answer the question
Conclusion
Under Bruen, the federal district
court in this case recognized: " The
State may regulate conduct squarely
protected by the Second Amendment
only if supported by a historical
tradition of firearm regulation. "
Applying this principle to the
facts of this particular legislation,
the federal district court concluded
Plaintiffs had " demonstrated a
probability of success on the merits
of their Second Amendment challenge
to certain provisions of Chapter
131 Section 7(a), " including Subparts
10 restrictions on public parks
and beaches. In so doing, the court
took particular note at this initial
stage of the proceedings, stating:
" Defendants cannot demonstrate a
history of firearm regulation to support
these challenged provisions, " :
youth sports events fall within the
sphere of schools. " Therefore, the
court would " assume it settled "
that youth sports events are a " sensitive
place " under Bruen.
Having found " Plaintiffs cannot
meet their likelihood of success
burden regarding their challenge
to the youth-sports-events restriction, "
the federal district
court
denied Plaintiffs' motion for a
temporary restraining order and
preliminary
injunction
to
block
enforcement of this particular statutory
restriction. In so doing, as
the case moves forward, the court
indicated: " Both sides will need to
explore this issue more fully at the
preliminary injunction stage. "
http://tinyurl.com/tye8axyp
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