Association of New Jersey Rifle and Pistol Clubs Inc. v. Port Authority of New York and New Jersey, No. 12-3621; Third Circuit; opinion by Rakoff, U.S.D.J., concurrence by Jordan, U.S.C.J.; filed September 13, 2013. Before Judges Jordan, Vanaskie and Rakoff, District Judge, sitting by designation. On appeal from the District of New Jersey, No. 2-06-cv-00402. [Sat below: Judge Hayden.] DDS No. 46-8-xxxx [26 pp.]
Section 926A of Title 18 of the U.S. Code confers protection on those who wish to engage in the interstate transportation of firearms. The provision amended a far more expansive entitlement to "transport an unloaded, not readily accessible firearm in interstate commerce," which was passed just two months earlier as part of the Firearms Owners' Protection Act. The question here is whether § 926A, as amended, creates a right enforceable by the appellant, the Association of New Jersey Rifle and Pistol Clubs Inc., pursuant to 42 U.S.C. § 1983.
