Koons v. Platkin - FPC Law 2A Challenge to New Jersey Public Carry Bans

do any of these current court cases in the 3rd circuit deal with the CCW permit requirements, the 4 references is what im wondering about. reason for asking is that Delaware has a worse reference requirement than nj and their in 3rd circuit and im looking for a retirement state, unfortunately I have to compromise with the wife as to location.

I’m not aware of any cases in the 3rd circuit challenging permit requirements currently.

Quickly looking at Delaware permit requirements, looks like they’re more challenging than NJ currently, especially as a new resident.

Consider moving to PA?

From Grok AI:

To apply for a permit to carry a concealed handgun (officially called a License to Carry a Concealed Deadly Weapon, or CCDW) in Delaware as a new resident who has just moved to the state, you must first establish Delaware residency. Permits are issued only to residents (via the Prothonotary’s Office in your county of residence), though the Attorney General may issue temporary non-resident permits in limited cases (typically for short-term employment-related needs, not standard new movers).

Once you are a Delaware resident (e.g., after obtaining a Delaware driver’s license or ID and updating your address), you can apply. There is no explicit waiting period based solely on time lived in the state, but the process includes requirements that can be challenging for very recent arrivals.

Key requirements and steps (based on current Delaware Courts/Prothonotary guidelines and state law under Title 11):

Basic Eligibility

  • Be of full age (generally interpreted as at least 18, though some sources note 21 in practice for standard applications; confirm with your county).
  • Be a person of good moral character, sobriety, and good reputation (no felony convictions, certain misdemeanors, domestic violence orders, etc.).
  • Not prohibited under federal or state law from possessing firearms.
  • The permit is for personal protection or protection of property.

Application Requirements and Process

  1. Proof of Delaware Residency — Typically shown via a Delaware driver’s license/ID. You can apply once you have this established.
  2. Firearms Training — Complete an approved firearms training course (including safe handling, live-fire exercises, conflict avoidance, etc.). Submit a notarized certificate of completion (some sources allow submitting this after initial application approval, within a set period like 90 days).
  3. Fingerprints/Background Check — Get fingerprinted by the Delaware State Bureau of Identification (SBI/IdentoGO) within 45 days before filing. Use county-specific service codes (e.g., New Castle: 27S7Q4). Submit proof of payment.
  • For new residents (less than 5 years in Delaware): Submit a certified driving record from your previous state(s) of residence to help avoid delays in background processing.
  1. Five References — Obtain certificates/questionnaires from five respectable citizens of the county where you now reside. They must:
  • Know you for at least 1 year.
  • Not be related to you or live at the same address.
  • Attest to your good character, sobriety, age, and need for the permit.
  • This is often the biggest hurdle for recent movers, as references must be from your current Delaware county and have known you for 1+ year (potentially requiring pre-move connections or building local relationships).
  1. Newspaper Publication — Publish your intent to apply (full name and home address) once in a newspaper of general circulation in your county, at least 10 business days before filing. Obtain an affidavit from the newspaper confirming publication and attach it.
  2. Application Form — Complete the official form (available from Delaware Courts), notarize it (notary available at Prothonotary’s Office at no fee), and state your reason (e.g., self/family/home protection).
  3. Photographs — Submit two color 2x2 passport-style photos (clear face portrait on photo paper, taken within 6 months prior; no glasses, headgear, smiling, etc.).
  4. Fee — $65 (cash, money order, or personal check payable to “Prothonotary”).
  5. Filing — Submit the original + duplicate copy (with all attachments) to the Prothonotary’s Office in your county (New Castle, Kent, or Sussex). You can mail or hand-deliver. The application is reviewed by the Department of Justice/Attorney General’s Office (possible interview), then approved/denied.

The permit is valid for 5 years and must be renewed similarly.

For the most up-to-date forms, instructions, and county-specific details, visit the Delaware Courts website (Concealed Deadly Weapons - Superior Court - Delaware Courts - State of Delaware) or contact your county’s Prothonotary Office directly (e.g., New Castle: 302-255-0690). The Delaware State Police directs inquiries to the courts/Prothonotary for CCDW matters.

Note: Delaware does not issue standard non-resident permits, and reciprocity is limited (only certain states’ permits are honored for visitors). If you have a permit from another state, it may not allow concealed carry in Delaware as a new resident until you obtain the Delaware one. Always verify current rules, as laws can change.

Five references from your just moved to Delaware county and known for a year. That’s not unreasonable. :expressionless_face:And a news paper publication? That’s a new one.

Fuk that

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Does anyone have a link to the most up to date NJ carry statutes? I can’t find anything up to date. I know they passed no carry on public transportation which doesn’t show up on any site I seen. I heard they also passed no carry in financial institutions which I also can’t find. There’s no listing on the NJSP website I could find either. I’m sure this is on purpose so we have clue what the current laws are. Any help is much appreciated. BTW USCCA, Handgunlaw.us, and US Law shield are outdated Thanks!

I don’t know how up to date this is:

Also this:
https://www.anjrpc.org/page/NewlyUpdatedCarryChart

Thanks but I have that. They’re from 2023 and they threw more shit that stuck to the wall for sure. I know that we cannot carry on public transportation which was recently added and upheld. That is not listed

Sorry you are right. I was looking for some chart but nothing is really current. I’m not aware of anything being changed since September.

https://njsp.njoag.gov/wp/wp-content/uploads/2025/12/Places_where_the_carrying_of_a_firearm_or_destructive_device_is_prohibited_20251211.pdf

I finally found this on the NJSP website. I don’t see the ban on carrying on public transportation listed, which I’m pretty sure Murphy signed at the end of his term amongst other anti-gun bills

As far as I recall, carrying in “transportation hubs” (whatever that means…I was never able to find a definition or list of these locations!) is prohibited. I’m really not inclined to be the test case so we can find out.

any updates with 3rd circuit, don’t understand the delay except for the fact its a 2A case and not a LGBTQHJTD%&^N case.

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Which case?

would prefer sensitive places but I’ll take anything out of the third, is there any life in there?

Nada has happened, per the docket, since Feb:

https://www.courtlistener.com/docket/67401781/ronald-koons-v-attorney-general-new-jersey/?filed_after=&filed_before=&entry_gte=&entry_lte=&order_by=desc

Dan Schmutter, yesterday:

Folks, I say this with the utmost love and affection, but it has to be said.

Please, please stop trying to predict when the Third Circuit will rule. You’re just giving yourselves agita.

It is literally impossible to make any such predictions. Every case is unique.

Some folks are saying " I heard the Third Circuit decides en banc cases within 3 months." Not true.

Some folks are gauging predictions based on other en banc cases.

Some folks are tracking the status and timing of the court’s caseload.

None of that is meaningful. Every case is unique. They don’t release opinions in order. They don’t work according to a fixed schedule.

Mostly likely there are quite a few opinions circulating among the judges right now.

This is what happened in the Binderup case:

AMBRO, Circuit Judge, announced the judgments of the Court and delivered the opinion for a unanimous Court with respect to Parts I and II, an opinion with respect to Parts III.A, III.B, III.C.1, III.C.2, and III.C.3.a, in which FUENTES,SMITH, GREENAWAY, Jr., VANASKIE, KRAUSE, and ROTH, Circuit Judges, joined, and an opinion with respect to Parts III.C.3.b, III.D, and IV, in which SMITH and GREENAWAY, Jr., Circuit Judges, joined. FUENTES, Circuit Judge, filed an opinion concurring in part, dissenting in part, and dissenting from the judgments, in which McKEE, Chief Judge, VANASKIE, SHWARTZ, KRAUSE, RESTREPO, and ROTH, Circuit Judges, joined. HARDIMAN, Circuit Judge, filed an opinion concurring in part and concurring in the judgments, in which FISHER, CHAGARES, JORDAN, and NYGAARD, Circuit Judges, joined.

See if you can make sense of that.

The first time around in Range, there was a majority opinion, two concurrences, and two dissents.

The second time around in Range, there was a majority opinion, four concurrences, and one dissent.

Who knows how many opinions are being written in our two cases?

All of those opinions have to be written, circulated, commented on, edited, recirculated, commented on again, edited again, and finalized.

All of that takes time, and yes they have other cases to work on, too.

Then account for the fact that there are two pending Supreme Court cases that will be decided no later than June, including one (Wolford), in which the Court will be deciding one of the exact same issues that we have in Koons/Siegel (the private property rule).

If you were a judge would you go out on a limb and release an opinion when you know the Supreme Court will, in a matter of months, be deciding either the exact issue before you or at least two cases that will address the same part of the Constitution you are dealing with?

Doesn’t make a lot of sense. Makes more sense to wait in case you need to entirely change your opinion or perhaps tweak it slightly to be consistent with the Supreme Court. It makes no sense to release an opinion and then find out just a few months later that you were wrong.

So, all this is to say that there is no way to predict timing, None.

Doesn’t make much sense driving yourselves nuts over this. It’ll all get decided.

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Thank you for Dan’s wise words.
But life is short and these cases are like watching an inchworm run a half marathon!

Since we’re incapable of keeping the “wrong” legilsators from being elected then it’s either the courts or…the cartridge box.

Nothing really new here, but apparently 4 boxes diner is trying for more exposure on his youtube video:

Here’s the crux in 30 seconds instead of 12 minutes of youtube:

…So here is my prediction. Do not expect en banc decisions out of the Third Circuit in Cheeseman/ANJRPC or in Koons/Siegel until the Supreme Court goes home for the summer. Probably sometime in late July or early August is my best guess. When the Third Circuit finally issues its rulings, expect those opinions to sprinkle in citations to Wolford and Hemani. That is the entire point of the wait. It allows the panel say, in advance, that whatever the Supreme Court decided was already accounted for, which is how you immunize an en banc decision against another GVR (grant, vacate, and remand) by SCOTUS.

I could be totally wrong, but this is how I read the silence. The Third Circuit is not asleep. The Third Circuit is waiting. And I suspect that if you support the Second Amendment, then the wait will be worth it.

Well, since we’re approaching the 250th birthday the last time that had to be used, maybe it’s time again?