Association of New Jersey Rifle and Pistol Clubs v. Governor of New Jersey, No. 12-1624; Third Circuit; opinion by Sloviter, U.S.C.J.; decided January 30, 2013. Before Judges McKee, Sloviter and Vanaskie. On appeal from the District of New Jersey. [Sat below: Judge Pisano.] DDS No. 10-8-xxxx [7 pp.]
In this action against the governor of New Jersey, the attorney general of New Jersey, the superintendent of the New Jersey State Police, and the city of Hackensack, the Association of New Jersey Rifle and Pistol Clubs Inc., Bob’s Little Sport Shop and several individuals seek to enjoin enforcement of N.J.S.A. 2C:58-2(a)(7) and 2C:58-3(i), the “One Gun Law.” They allege that the statutes are pre-empted by 15 U.S.C. § 5001(g)(ii), which provides that no state shall prohibit the sale (other than to minors) of traditional BB, paint ball, or pellet-firing air guns. Appellants argue that because the One Gun Law prohibits the purchase or sale of more than one handgun per person per month, including BB and air guns, it is pre-empted.