Federal Judge Strikes Down New Jersey’s Attempt to Disarm Retired Cops

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Federal Court Rules in Favor of Retired Officers in New Jersey Gun Law Case

TRENTON, NJ—A significant legal decision emerged as the U.S. Third Circuit Court of Appeals sided with police unions in New Jersey, challenging state-imposed restrictions on the concealed carry rights of retired law enforcement officers. The federal court’s ruling, announced on Wednesday, confirmed that the Law Enforcement Officers Safety Act of 2004 supersedes state legislation requiring additional qualifications for retired officers desiring to carry concealed firearms.

Judge Arianna J. Freeman emphasized the court’s duty to uphold the clear intentions of Congress, highlighting the federal act’s explicit provision for an individual right that overrides conflicting state laws.

This ruling marks another setback for New Jersey’s efforts to strengthen gun control measures, following a pivotal 2022 U.S. Supreme Court decision affirming a constitutional right to carry firearms in public spaces.


The controversy stems from a broader legal challenge against New Jersey’s designation of “sensitive places” where firearms are prohibited, with the federal appellate court’s decision on this matter still pending.

Initiated in May 2020 by the Federal Law Enforcement Officers Association, the New Jersey Fraternal Order of Police, and several retired officers, the lawsuit contended that the state’s requirement for a separate carrying license contradicts the privileges granted by federal law.

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