New Jersey Faces Legal Challenge Over Under-21 Handgun Restrictions

Legal Action Filed Against Garden State's Age-Based Firearm Restrictions

New Jersey has become the latest battleground in the ongoing legal fight over Second Amendment rights for young adults. A federal lawsuit has been initiated in district court by the Second Amendment Foundation (SAF) and the New Jersey Firearms Owners Syndicate (NJFOS), directly challenging the state's prohibition on adults under 21 from purchasing, possessing, or carrying handguns and related ammunition.

Constitutional Arguments at the Heart of the Case

Hague v. Murphy Challenges Age-Based Discrimination

The legal filing in Hague v. Murphy presents a fundamental constitutional argument: that both the U.S. Constitution and Supreme Court precedent establish that all peaceful adults possess the right to acquire, possess, and carry handguns for personal protection—regardless of whether they have reached 21 years of age.

The lawsuit's central contention revolves around the defendants' inability to satisfy the requirements established in the landmark Bruen decision, particularly the second prong requiring historical precedent dating back to the nation's founding era.

Historical Precedent Analysis

According to the complaint, "Simply no historical analogue exists for prohibiting adults under 21 from purchasing, acquiring, possessing or carrying handguns nor for banning otherwise lawful commerce between dealers and adults under 21."

This argument strikes at the core of modern Second Amendment jurisprudence, which increasingly relies on historical analysis to determine the constitutionality of firearm regulations.

SAF Leadership Weighs In on Constitutional Implications

Executive Director Addresses Legal Foundation

SAF Executive Director Adam Kraut emphasized the strength of their constitutional position in announcing the legal action, stating that New Jersey faces significant legal obstacles in defending the age-based restriction.

"There is not, and never has been, a constitutionally grounded basis for depriving adults under 21 from owning or possessing handguns, period," Kraut declared. "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."

Broader Constitutional Rights Campaign

SAF founder and executive vice president Alan Gottlieb positioned this lawsuit within a larger national strategy to restore Second Amendment rights for young adults across the country.

"New Jersey's handgun and ammunition ban absolutely infringes on the Second Amendment rights of all resident adults under 21 in the state," Gottlieb explained. "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."

Legal Relief Sought

Court Remedies Requested

The plaintiffs are pursuing comprehensive judicial relief through two primary mechanisms:

1. Declaratory Judgment: Seeking a formal court declaration that New Jersey's under-21 handgun ban violates constitutional protections
2. Permanent Injunction: Requesting a court order that would permanently prevent future enforcement of the challenged law

This dual approach represents a standard strategy in constitutional litigation, combining immediate declaratory relief with long-term enforcement prevention to ensure comprehensive protection of the claimed rights.