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ANJRPC
SUES
JERSEY
CITY
!
On July 26, ANJRPC and several co-plaintiffs commenced a lawsuit
against the city of Jersey City to nullify its newly enacted
one-gun-a-month handgun rationing scheme on the grounds that it violates
state pre-emption law, equal protection, and is unconstitutionally
vague. The case is being
fast-tracked under administrative procedures that apply to lawsuits
against municipalities, and there could be a decision as early as this
Fall.
Jersey City Ordinance # 06-082 was introduced by Mayor Jerramiah
Healy following his participation in New York City Mayor Michael
Bloomberg’s April 25 summit of lawmakers against “gun violence.”
Initially introduced as a one-gun-every six-months
proposal, the ordinance was changed to a one-gun-a-month scheme in
response to a grassroots campaign by gun owners trying to defeat the
measure.
After a heated debate between gun rights activists and anti-gun
extremists at the June 28 City Council meeting, Council President
Mariano Vega, Jr. admitted that the gun rationing ordinance "is
feel-good legislation that will probably not reduce crime, but we have
to start somewhere, so I am voting yes." The City Council passed
the ordinance by a vote of 7 to 1.
A
second ordinance banning compact, affordable handguns by misleadingly
labeling them as “junk guns” and “Saturday night specials” has
also been introduced and scrapped twice previously by the Council.
A third version of that ordinance is expected.
If
allowed to stand, these ordinances open the door to all municipalities
passing their own firearms regulations that differ from state law,
creating a nightmare patchwork of inconsistent gun laws throughout
New Jersey
. The pre-emption doctrine is specifically intended to prevent this kind
of result by preventing municipalities from regulating matters already
addressed by the State.
Co-plaintiff
Caso’s Gun-A-Rama –
Jersey City
’s lone firearms dealer – is severely impacted by the ordinance and
could be forced out of business if the ordinance is allowed to stand.
Read
Complaint
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