"EO 107 thus, by its text and by its necessary effect, flatly and indefinitely prohibits the sale of any firearms anywhere in the State. It is difficult to imagine a restriction more completely antithetical to the Second Amendment’s protections."
"It is utterly fanciful to acknowledge that the exempted retailers can safely keep their doors open but then, in the next breath, insist that all firearm stores must close in the name of public health."
"State police regulations provide that firearm ammunition may only be sold by a licensed firearm dealer. By shutting down gun dealers, New Jersey therefore also effectively bans the purchase and sale of ammunition."
"EO 107’s application to firearm retailers thus amounts to the following: a flat ban on the purchase of any firearm, by any person, anywhere in the state. It is harder to imagine a more direct, frontal assault on the Second Amendment."
"As Defendant Murphy explained, he did not deem firearm retailers to be 'essential' because 'A safer society for my taste has fewer guns and not more guns.'"
"The only conceivable purpose for drawing these bizarre and irrational distinctions is the one candidly given by Governor Murphy: Defendants, quite apart from the COVID-19 epidemic, believe there should be 'fewer guns' in New Jersey."
"As Governor Murphy’s comments reveal, that is precisely what Defendants have done here. The purpose and effect of their decision to ban the sale of firearms and ammunition in New Jersey is to limit the number of arms owned by law-abiding citizens."
"Other of EO 107’s exemptions, while perhaps justifiable on their own terms, show that Defendants have erected a hierarchy of constitutional values—with the Second Amendment relegated to the very bottom rung."
"But if—as New Jersey has concluded—these public-health interests may be served while allowing PetSmart and Total Wine & More to keep their doors open, it simply cannot be maintained that firearm retailers must be closed in the name of public health and safety."
