U.S. Court of Appeals for the Third Circuit Upholds Key New Jersey Gun Regulation in Koons v. Attorney General New Jersey

In July 2023, on behalf of the Giffords Law Center to Prevent Gun Violence, Hecker Fink filed an amicus brief defending the constitutionality of several challenged gun regulations in New Jersey—regulations that the Third Circuit Court of Appeals upheld on September 10, 2025 in Koons v. Attorney General of New Jersey et al. This amicus brief explained why scientific evidence on gun violence is relevant to judicial analysis, and how the district court’s decision against the challenged regulations undermines key aspects of our constitutional structure.

Applying a history-and-tradition framework, which emphasizes that modern regulations must be “relevantly similar” to historical analogues, the Third Circuit in Koons recognized that throughout American history, legislatures have restricted firearms in venues dedicated to civic and governmental functions, balancing Second Amendment protections against other constitutional rights such as free speech, assembly, and property rights. Ultimately, the court reversed the district court’s injunction for several sensitive-place restrictions (e.g., public gatherings, parks, libraries, entertainment venues), finding these to be consistent with historical tradition, while affirming the injunction for certain other provisions, such as a right to carry on private property.

The Hecker Fink team included Joshua Matz, Amit Jain, and Disha Verma.

Read the opinion here.