A coalition of six of the nation’s top gun rights groups last Friday filed a federal lawsuit challenging New Jersey’s ban on firearm suppressors, igniting a legal battle which has been a long time in coming.
The 26-page complaint was filed in U.S. District Court for the District of New Jersey by the Second Amendment Foundation (SAF), American Suppressor Association (ASA), National Rifle Association (NRA), Safari Club International (SCI), Association of New Jersey Rifle & Pistol Clubs (ANJRPC) and the New Jersey Firearms Owners Syndicate (NJFOS). They are represented by attorneys Daniel J. Schmutter at Hardman & Winnicki in Ridgewood, N.J., and David H. Thompson, Peter A. Patterson, and Athanasia O. Livas at Cooper & Kirk in Washington, D.C.
Named as defendants are New Jersey Attorney General Matthew Platkin and Patrick Callahan, superintendent of the New Jersey State Police.
According to a joint statement from the groups, “Also known as silencers, suppressors are hearing safety devices that reduce the noise of a gunshot by an average of 20 to 35 decibels. That is why the Centers for Disease Control, the National Institute for Occupational Safety and Health, the National Hearing Conservation Association, the Academy of Doctors of Audiology, the American Academy of Otolaryngology-Head and Neck Surgeons, and Doctors for Responsible Gun Ownership all recommend the use of suppressors as a tool to mitigate preventable hearing damage. Suppressors are ‘arms’ under the Second Amendment and enjoy the same constitutional protection as the firearms they are attached to. The government cannot categorically ban them without first proving a historical tradition of such bans – a burden it cannot meet.”
“Silencers are nothing more than mufflers designed to mitigate the damage caused to a users’ ears when firing a gun, no different than the muffler found on automobiles,” noted Adam Kraut, SAF executive director. “Additionally, their use provides benefits to the surrounding communities by mitigating the noise created when shooting guns. Former President Theodore Roosevelt was known to use these devices while hunting and they are commonly used in Europe, which is anything but gun friendly. Lawmakers rely on Hollywood’s characterization of these tools to justify keeping their heads in the proverbial sand. We look forward to working with our partners to overturn this unconstitutional ban.”
Likewise, as noted in America’s First Freedom, John Commerford, executive director of at NRA-ILA, observed, “Suppressors are essential for reducing the risk of hearing loss for gun owners and hunters. The NRA is proud to partner with like-minded allies to restore constitutional protection for these important hearing safety devices. This challenge is critical to defending the Second Amendment rights of New Jerseyans and protecting their health and freedoms.”
As noted in the complaint, “A suppressor is a safe, effective, and commonly used device that decreases the noise level of a gunshot. Suppressors improve a firearm’s functionality and are integral to the safest and most effective use of a firearm. They decrease the risk of permanent hearing damage, help protect the hearing of hunters and those nearby, reduce noise pollution from firearm discharge, increase the accuracy of firearm use by reducing recoil and shot flinch, make firearms training safer and more effective, and improve the effectiveness and safety of firearms in the use of self-defense and defense of the home. Contrary to representations in movies and television, meanwhile, suppressors do not make a gunshot silent, and they are rarely used by criminals.”
Participants in the legal action are already predicting the action will rattle some Garden State lawmakers.
“This case will send shockwaves through the New Jersey statehouse, where lawmakers pretend that the Second Amendment doesn’t apply to them. They are about to get a wake-up call like no other, and ANJRPC is proud to be a part of this historic effort,” said ANJRPC Executive Director Scott Bach.
“For too long, out of touch bureaucrats in state capitols have prioritized misguided political beliefs over the Second Amendment rights of law-abiding citizens. At the American Suppressor Association, we are proud to stand firm with our partners in the fight to restore the constitutional rights of all Americans,” added ASA President and Executive Director Knox Williams.
And Joe Loporto, NJFOS Legal Operations director, added, “We are proud to stand among our partners at ASA, NRA, SAF, ANJRPC and Safari Club in this critical step to restore the Second Amendment rights of New Jersey residents. There is nothing ‘common sense’ about a total ban on suppressors, an arm that can only be used by the people of this state to exercise their core Constitutional rights in a safer manner.”
SCI has just launched a Garden State chapter, and came out swinging on behalf of New Jersey hunters.
“Safari Club International has long stood at the intersection of hunting rights and constitutional freedoms. This case isn’t just about suppressors: it’s about defending the ability of hunters to pursue game safely and lawfully. SCI has a strong record of litigating to protect regulated bear hunting in New Jersey, and views this case as a continuation of our commitment. SCI is proud to join forces with respected partners in this litigation, united by a shared commitment to defending the Second Amendment and hunting heritage. SCI stands firmly on behalf of our growing community in New Jersey, including our newly formed Garden State Chapter, to ensure that the rights of hunters are respected and upheld,” said W. Laird Hamberlin, CEO of Safari Club International.
