By Anthony G. Attrino
nj.com
TRENTON, N.J. — A coalition of gun rights advocates and individual firearm owners has filed a lawsuit against New Jersey, claiming the state’s ban on firearm suppressors violates the Second and Fourteenth Amendments.
The federal lawsuit challenges the constitutionality of a state law that criminalizes the possession of suppressors — also known as silencers — even when owned lawfully under federal law.
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Attorney General Matthew Platkin and State Police Superintendent Patrick Callahan are named as defendants in the complaint, which was filed July 18 in U.S. District Court.
A spokesperson for the New Jersey Attorney General’s Office said the office has no comment on the litigation.
The plaintiffs include three New Jersey residents along with the Association of New Jersey Rifle & Pistol Clubs, the Second Amendment Foundation, Safari Club International, New Jersey Firearm Owners Syndicate, the American Suppressor Association, and the National Rifle Association.
The complaint argues suppressors are commonly used for lawful purposes such as hearing protection, hunting, and home defense, and are legal in 42 states.
“Suppressors are neither dangerous nor unusual,” the suit states, pointing to a recent U.S. Supreme Court standard in New York State that prohibits banning firearms or accessories in common use.
New Jersey law, however, classifies suppressors as fourth-degree crimes, punishable by up to 18 months in prison, with a narrow exception for state-permitted deer management.
The suit argues that criminalization has no historical basis and is an outlier nationally and internationally.
“Suppressors have been in use for more than 100 years and are federally regulated, not banned,” the lawsuit states. “The ban imposes a blanket prohibition that fails constitutional scrutiny.”
The complaint emphasizes the impact on individual plaintiffs, including a disabled Marine veteran and firearms instructor, who says he relies on suppressors to protect what remains of his hearing.
A retired FDNY paramedic and former National Guard combat medic and a utility worker and licensed hunter, are also suing, claiming they would use suppressors if the state didn’t ban them.
The suit seeks a court order declaring the suppressor ban unconstitutional and an injunction blocking its enforcement.
Anthony G. Attrino may be reached at tattrino@njadvancemedia.com.
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