Case information: Ass’n of N.J. Rifle & Pistol Clubs v. City of Jersey City, No. 63385 (N.J., filed Mar. 24, 2009)
At Issue: Challenge to city ordinance limiting handgun purchases to one per person within a 30-day period. Various gun dealers and rifle and pistol clubs filed suit against the City of Jersey City to invalidate an ordinance that limited handgun purchases to one per person per month. A New Jersey Superior Court struck down the ordinance on the grounds that state law preempted the field of firearm regulation and the ordinance conflicted with state law governing permits to purchase handguns. Defendants appealed to the Appellate Division of the New Jersey Superior Court, which affirmed the lower court ruling on September 29, 2008.
Law Center’s Brief: Our amicus brief was filed in the New Jersey Supreme Court in support of Jersey City’s authority to regulate the sale of firearms and in support of the general authority municipalities in New Jersey have been granted by the state to regulate the sale and use of firearms in the interest of public safety. While the appeal was pending, the state of New Jersey adopted a statute limiting handgun purchases to one per person per month. Thus, the New Jersey Supreme Court vacated the Appellate Division opinion and dismissed the appeal as moot. See Ass’n of N.J. Rifle & Pistol Clubs, Inc. v. City of Jersey City, 992 A.2d 1 (N.J. 2010).