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Jersey City Gun Ban Defeated! <BR><EM>Court Voids Illegal Gun Rationing Law </EM>

Friday, December 15, 2006

In a lengthy and carefully reasoned decision read from the bench, New Jersey Superior Court Judge Maurice Gallipoli declared Jersey City’s one gun a month handgun rationing law null and void, holding that it violates state pre-emption, equal protection, and was “arbitrary and capricious.”

Ordinance # 06-116 – whose stated objective was to reduce crime – wildly missed the mark by rationing handguns to persons pre-certified by the State as non-criminals after undergoing extensive background checks.

The ordinance criminalized Jersey City dealer sales of more than one handgun per month, deviating from New Jersey’s already tough gun control laws, which require separate government-issued permits for each handgun. Permits are only issued after an extensive, costly, and lengthy background investigation of the purchaser.

The invalidated law was introduced by Jersey City Mayor Jerramiah Healy earlier this year, in a rush to appear to be combating Jersey City’s mounting crime problems. The City Council passed the law by a vote of 6-2, despite a mountain of evidence that the law would not reduce crime because it targeted only law abiding purchasers. The President of the City Council even called the measure “feel good” legislation that would probably not reduce crime – before voting in favor of the law.

The lawsuit was brought by the Association of New Jersey Rifle & Pistol Clubs (ANJRPC) as lead plaintiff with the support of NRA-ILA, the NRA Civil Rights Defense Fund, and the New Jersey Association of Firearms Dealers (an affiliate of the National Shooting Sports Foundation).

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Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.