Jersey City law shot down
Posted: Wed Oct 01, 2008 3:51 pm
Citizens of Jersey City can now purchase more than one handgun every 30 days.
Of course they still have state issued "handgun permits".
A step forward in any case.
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Court shoots down law limiting gun purchases
An appeals panel rules against Jersey City
Tuesday, September 30, 2008
BY KATE COSCARELLI
Star-Ledger Staff
A state appeals court yesterday struck down a controversial Jersey City law seeking to limit the number of handguns people can buy.
Jersey City's law had sought to keep people from buying more than one handgun every 30 days. The unanimous appeals panel said Jersey City exceeded its authority and didn't have a right to enact such a local law because state law already regulates the sale of handguns.
"Jersey City, via the ordinance at issue, seeks to impose a local standard in a subject matter area that has been rather comprehensively addressed by the state," wrote Appellate Division Judge Howard Kestin, who was joined by Judges Edwin Stern and Christine Miniman.
The decision noted New Jersey allows "an individual to have multiple handgun permits so long as the permits are obtained in compliance with strict guidelines" in state law.
The judges confined their ruling to New Jersey laws and did not address any larger questions about the Second Amendment right to bear arms.
Gun rights advocates cheered the decision and said it closes "a door to an inconsistent patchwork of laws."
"What New Jersey needs are tough laws that severely punish violent criminal behavior, involving guns. What we don't need is more regulations that (affect) only honest gun owners and do little" to reduce crime, said Scott Bach, president of the Association of New Jersey Rifle and Pistol Clubs, which sued the city over the law.
Bach said all Jersey City's law did was stop people who have gotten a permit, including a background check by police, from buying guns. He said it would only affect "law abiding citizens, criminals don't buy their guns from dealers."
Jersey City officials and anti-gun groups decried the ruling and said they would appeal to the New Jersey Supreme Court.
"Everyone knows the first order of any government is ... public safety," said Jersey City Mayor Jerramiah T. Healy. "We are aimed at stanching the flow of illegal guns on the street."
The ruling imposes upon home rule, said some advocates of the measure.
Linda Fisher, who represented the Greenville chapter of the Associated Community Organizations For Reform Now, said the measure was adopted when the city was in the midst of a gun epidemic.
"As a policy matter, we think cities should have the opportunity to address -- by legislation -- particular problems they have," said Fisher, a law professor with the Center of Social Justice at Seton Hall Law School.
Craig Levine, senior counsel and policy director at the New Jersey Institute for Social Justice, said he also disagreed with the ruling.
"State law permits locally sensitive responses to local issues such as public safety," Levine said. "Fewer guns on these streets increases public safety. This is not an issue that confronts every township and city. Local government ought to be able to craft locally sensitive responses with state law acting as a floor, not a ceiling."
Ceasefire NJ executive director Bryan Miller and Assemblywoman Joan Quigley (D-Hudson) said they would push for state legislation that would take the Jersey City law across the Garden State.
©2008 Star Ledger
© 2008 NJ.com All Rights Reserved.
Of course they still have state issued "handgun permits".
A step forward in any case.
http://www.nj.com/printer/printer.ssf?/ ... xml&coll=1" onclick="window.open(this.href);return false;
Court shoots down law limiting gun purchases
An appeals panel rules against Jersey City
Tuesday, September 30, 2008
BY KATE COSCARELLI
Star-Ledger Staff
A state appeals court yesterday struck down a controversial Jersey City law seeking to limit the number of handguns people can buy.
Jersey City's law had sought to keep people from buying more than one handgun every 30 days. The unanimous appeals panel said Jersey City exceeded its authority and didn't have a right to enact such a local law because state law already regulates the sale of handguns.
"Jersey City, via the ordinance at issue, seeks to impose a local standard in a subject matter area that has been rather comprehensively addressed by the state," wrote Appellate Division Judge Howard Kestin, who was joined by Judges Edwin Stern and Christine Miniman.
The decision noted New Jersey allows "an individual to have multiple handgun permits so long as the permits are obtained in compliance with strict guidelines" in state law.
The judges confined their ruling to New Jersey laws and did not address any larger questions about the Second Amendment right to bear arms.
Gun rights advocates cheered the decision and said it closes "a door to an inconsistent patchwork of laws."
"What New Jersey needs are tough laws that severely punish violent criminal behavior, involving guns. What we don't need is more regulations that (affect) only honest gun owners and do little" to reduce crime, said Scott Bach, president of the Association of New Jersey Rifle and Pistol Clubs, which sued the city over the law.
Bach said all Jersey City's law did was stop people who have gotten a permit, including a background check by police, from buying guns. He said it would only affect "law abiding citizens, criminals don't buy their guns from dealers."
Jersey City officials and anti-gun groups decried the ruling and said they would appeal to the New Jersey Supreme Court.
"Everyone knows the first order of any government is ... public safety," said Jersey City Mayor Jerramiah T. Healy. "We are aimed at stanching the flow of illegal guns on the street."
The ruling imposes upon home rule, said some advocates of the measure.
Linda Fisher, who represented the Greenville chapter of the Associated Community Organizations For Reform Now, said the measure was adopted when the city was in the midst of a gun epidemic.
"As a policy matter, we think cities should have the opportunity to address -- by legislation -- particular problems they have," said Fisher, a law professor with the Center of Social Justice at Seton Hall Law School.
Craig Levine, senior counsel and policy director at the New Jersey Institute for Social Justice, said he also disagreed with the ruling.
"State law permits locally sensitive responses to local issues such as public safety," Levine said. "Fewer guns on these streets increases public safety. This is not an issue that confronts every township and city. Local government ought to be able to craft locally sensitive responses with state law acting as a floor, not a ceiling."
Ceasefire NJ executive director Bryan Miller and Assemblywoman Joan Quigley (D-Hudson) said they would push for state legislation that would take the Jersey City law across the Garden State.
©2008 Star Ledger
© 2008 NJ.com All Rights Reserved.
