Why It Matters
The lawsuit challenges whether New Jersey’s broad prohibitions on everyday items used for self-defense comply with the Second Amendment as interpreted by the U.S. Supreme Court.
What Happened
Gun rights advocates filed a federal lawsuit Monday seeking to overturn state restrictions on knives, stun guns, slingshots, brass knuckles, bear spray, and bats. Plaintiffs argue that banning these less-lethal tools violates constitutional protections for self-defense.
The suit names Attorney General Jen Davenport and Jeanne Hengemuhle, acting superintendent of the New Jersey State Police, as defendants. It seeks a federal court declaration that the restrictions are illegal and unenforceable.
Attorney Daniel Schmutter wrote in the complaint that “The Second Amendment protects all common arms not just guns.” He cited a 1771 legal dictionary to define arms broadly, arguing the state prohibits common items like baseball bats, hammers, screwdrivers, box cutters, pepper spray, and sticks if carried for self-defense.
Plaintiffs include Wendy Copenhaver of Hammonton, Wayne Viden of Glassboro, Walter Everard Jr. of Hopatcong, and Salvatore Marsilla of Emerson, alongside the Association of New Jersey Rifle & Pistol Clubs and Arizona-based Knife Rights.
By the Numbers
Monday — Date the lawsuit was filed in federal court.
Four years — Time elapsed since the U.S. Supreme Court ruled on the right to carry firearms outside homes.
Late 1700s — Era when the Second Amendment was ratified, used as the historical benchmark for restrictions under Bruen.
1771 — Year of the legal dictionary cited by Schmutter regarding the definition of arms.
More than a dozen — Number of lawsuits filed in recent years by gun-rights advocates challenging restrictions.
Zoom Out
The litigation follows the Supreme Court’s Bruen decision, which requires that modern gun restrictions be rooted in historical traditions from the late 1700s. This case is one of more than a dozen lawsuits filed in recent years by gun-rights advocates challenging Second Amendment violations.
What’s Next
State officials have pledged to defend the laws. “New Jersey’s commonsense restrictions on weapons keep our residents safe,” spokesman Mike Symons said. The federal court must now determine whether the state’s prohibitions align with constitutional history.