In Koons v. Platkin, decided September 10, 2025, the Third Circuit Court of Appeals largely upheld New Jersey’s 2022 concealed-carry restrictions while striking down several of the state’s most aggressive provisions. The court sided with New Jersey on nearly every “sensitive place” category, meaning permit holders still cannot carry in parks, beaches, bars, libraries, casinos, entertainment venues, health care facilities, public transit, and more. But it blocked the $300,000 liability insurance mandate, the rule that treated all private property as gun-free by default, the $50 permit fee earmarked for the Victims of Crime Compensation Office, and the requirement that firearms in vehicles be unloaded and locked in a container.
The ruling is one of the most consequential Second Amendment decisions since the Supreme Court’s 2022 Bruen opinion, and it aligns the Third Circuit with the Second, Fourth, and Ninth Circuits, which have all upheld similar post-Bruen laws.1United States Court of Appeals for the Third Circuit. Koons v Platkin, Nos. 23-1900 and 23-2043
Where New Jersey Can Still Ban Carry
The Third Circuit reversed the district court’s preliminary injunction as to most of the sensitive-place categories in N.J.S.A. 2C:58-4.6. Carrying a firearm in any of the following locations is a third-degree crime, even for permit holders:
- Parks, beaches, and recreation facilities
- Bars and restaurants that serve alcohol
- Libraries and museums
- Entertainment venues, casinos, and zoos
- Medical offices and health care facilities
- Public transit
- Areas within 100 feet of a permitted public gathering
- Private homes and businesses not open to the public, where the owner has not consented
On parks specifically, the court adopted a flexible reading of Bruen‘s historical-tradition test, agreeing with sister circuits that “the relative novelty of public parks as institutions” justifies analogies to older public gathering spaces rather than a precise founding-era match.1United States Court of Appeals for the Third Circuit. Koons v Platkin, Nos. 23-1900 and 23-2043 For bars and alcohol-serving restaurants, the court pointed to a well-documented historical record of firearm restrictions in places where alcohol is served.
Schools, government buildings, courthouses, and polling places also remain off-limits under the statute, tracking the categories the Supreme Court itself recognized in Bruen.2Supreme Court of the United States. New York State Rifle and Pistol Association Inc v Bruen
The court also upheld New Jersey’s requirement that permit applicants supply four reputable character references, finding the requirement “constitutionally permissible” under the historical record.1United States Court of Appeals for the Third Circuit. Koons v Platkin, Nos. 23-1900 and 23-2043
What the Court Struck Down
The Third Circuit agreed with the plaintiffs on several provisions and left the district court’s injunction in place:
The private-property default rule for property open to the public. Section 2C:58-4.6(a)(24) had automatically banned concealed carry on any private property unless the owner posted a sign or gave express consent. Applied to businesses open to the public, the court found this “not sufficiently rooted in the principles underlying this Nation’s history and tradition.” Retail stores, restaurants, and other businesses open to the public are no longer presumed off-limits.1United States Court of Appeals for the Third Circuit. Koons v Platkin, Nos. 23-1900 and 23-2043
The $300,000 liability insurance mandate. New Jersey was the first state to require permit holders to carry liability insurance covering firearm-related injuries, deaths, and property damage.3Justia. New Jersey Code 2C:58-4.3 – Liability Insurance, Handgun, Public, Carrying The court found no historical tradition supporting an insurance requirement as a condition of exercising a constitutional right and affirmed the injunction against Section 2C:58-4.3.
The $50 VCCO fee. The court ordered the district court to enjoin the portion of the $200 permit fee directed to the Victims of Crime Compensation Office, treating it as an unconstitutional tax on the exercise of a right.
The in-vehicle storage rule. The provision requiring permit holders to unload their firearm and lock it in a secured container while in a vehicle was left enjoined.
Playgrounds and youth sports events. Although the broader parks ban was upheld, the court carved these two subcategories out and left the injunction in place as to them.
Judge Porter dissented from most of the majority’s sensitive-place holdings. He would have affirmed the district court’s broader injunction, agreeing with the majority only on the insurance mandate, the VCCO fee, the private-vehicle restriction, and the private-property default rule.
What It Means for New Jersey Permit Holders
The practical picture is clearer than the opinion’s length suggests. If you hold a New Jersey carry permit, you can now carry in retail stores, restaurants that do not serve alcohol, and other businesses open to the public without needing a posted sign or the owner’s express permission. You do not need to buy liability insurance. You can carry a loaded firearm in your own vehicle without locking it in a container.
Everything on the upheld list, however, is fully enforceable. Carrying in a park, on a beach, in a bar, on a bus or train, inside a library, at a concert or stadium, at a medical office, or near a permitted public gathering exposes you to prosecution for a third-degree crime, which in New Jersey carries three to five years in prison.4New Jersey Legislature. P.L. 2022, c.131 A conviction would also end your permit and your ability to possess firearms.
The statute recognizes “brief, incidental entry” as a minimal infraction under New Jersey’s de minimis statute, which offers some protection against an accidental step into a restricted area but is not a general defense.4New Jersey Legislature. P.L. 2022, c.131 The private-property rule still applies to homes and non-public property: an owner can prohibit firearms, and carrying without consent is a crime.
One boundary worth flagging: New Jersey’s ruling does nothing about federal restrictions. Firearms in federal buildings remain prohibited under 18 U.S.C. § 930, and the status of the post-office ban is unsettled in the federal courts, with judges splitting on whether it survives Bruen.
Where the Case Goes from Here
The Third Circuit now joins the Second Circuit (Antonyuk v. James), the Ninth Circuit (Wolford v. Lopez), and the Fourth Circuit (LaFave v. County of Fairfax) in upholding the core of a state sensitive-places regime enacted after Bruen.1United States Court of Appeals for the Third Circuit. Koons v Platkin, Nos. 23-1900 and 23-2043 That growing consensus makes it harder for challengers to argue the appellate courts are getting Bruen wrong, but it does not foreclose Supreme Court review.
A petition for certiorari is pending in the related Ninth Circuit case, Wolford v. Lopez (No. 24-1046). If the Supreme Court grants review there or in another sensitive-places case, the outcome would reach New Jersey’s law directly. The insurance mandate is also worth watching nationally: New Jersey’s version is now blocked, Colorado’s attempted mandate (HB24-1270) failed in the legislature, and no state has successfully enforced such a requirement.
Until the Supreme Court says otherwise, the Third Circuit’s decision is the controlling law for New Jersey, and permit holders should treat every category the court upheld as a place where carrying will lead to a felony charge.