For the second time in less than a month, the Second Amendment Foundation has filed a federal lawsuit challenging a state prohibition on young adults under age 21 being able to purchase, own and carry handguns, this time in New Jersey.
Back on May 19, SAF and its partners filed a similar lawsuit in Connecticut. That case is known as Succow v. Bondi, and SAF is joined by the Connecticut Citizens Defense League and two individuals, Samuel Towne and Zachary Succow, for whom the case is named. They are represented by attorneys Doug Dubitsky of the Law Offices of Doug Dubitsky, Craig Fishbein of Fishbein Law Firm and Cameron Atkinson of Atkinson Law, according to a SAF news release.
In the New Jersey case, SAF is joined by the New Jersey Firearms Owners Syndicate (NJFOS), and a private citizen, Lily Hague. The case is known as Hague v. Murphy. Plaintiffs are represented by attorneys Raymond M. DiGuiseppe of The DiGuiseppe Law Firm and Shannon Garrahan of the Law Offices of Shannon Garrahan.
In a prepared statement, SAF founder and Executive Vice President Alan Gottlieb explained, “New Jersey’s handgun and ammunition ban absolutely infringes on the Second Amendment rights of all resident adults under 21 in the state. Each of our age-based lawsuits around the country have the same goal – restoring the rights of adults under 21 who have been disenfranchised by those who think they can trample on their Second Amendment rights purely based on their age.”
In both legal actions, among the defendants is U.S. Attorney General Pam Bondi, in her official capacity.
Also on the list of defendants in the Garden State are New Jersey Gov. Phil Murphy, state Attorney General Matthew J. Platkin, State Police Supt. Patrick J. Callahan, Monmouth County Prosecutor Raymond S. Santiago and Freehold Township Police Chief George Baumann, all in their official capacities.
“There is not, and never has been, a constitutionally grounded basis for depriving adults under 21 from owning or possessing handguns, period,” said SAF Executive Director Adam Kraut. “Adults 18-20-years-old are part of ‘the People’ and can exercise their full Second Amendment rights. Unfortunately, residents of this age group living in New Jersey are being selectively discriminated against solely based on their age, and we aim to rectify that.”
Likewise, in the earlier Connecticut lawsuit, Kraut observed, “Second Amendment rights cannot be withheld from peaceable adults based on their age. To do so would relegate the amendment’s guarantees to second-class status, which offends the very notion of the Constitution’s premise. Our nation’s history and tradition does not support this ‘Second Amendment lite’ version being offered to 18-20-year-olds in Connecticut. This lawsuit seeks to vindicate the rights of those individuals who are being unlawfully discriminated against based solely on their age.”
Aside from Bondi, defendants in the Connecticut action are Ronnell Higgins, Commissioner of Connecticut’s Department of Emergency Services and Public Protection; Margaret A. Kelley, State’s Attorney for the Ansonia/Milford Judicial District; Paul J. Narducci, State’s Attorney for the New London Judicial District; John Bucherati, Police Chief for the Town of Seymour, and Patrick Daley, Police Chief for the City of Norwich.
