Saturday, April 13, 2013

One Gun Law Does Not Violate Federal Act

New Jersey’s One Gun Law provides that “a dealer shall not knowingly deliver more than one handgun to any person within any 30-day period.” There is a provision exempting gun collectors, those inheriting guns and shooting competitors. In Association of New Jersey Rifle and Pistol Clubs v. State of New Jersey, plaintiffs contended the statute was in conflict with the Federal Toy Gun Act which prevents the individual states from interfering with sales of BB and other pellet-firing air guns other than to minors. They went further and challenged the exemptions for gun collectors and competitive shooters as being in violation of the due process clause. New Jersey’s one gun law was upheld by a federal appeals court as it is not a prohibition of the sales and is merely regulatory in nature in regard to sales of BB and other pellet-firing air guns. If you believe you are being wrongly prevented from purchasing or owning a gun or are facing gun charges you should seek an experienced attorney immediately to protect your rights. For more information on gun or weapon matters in New Jersey visit HeatherDarlingLawyer.com. This blog is for informational purposes only and in no way intended to replace the advice of an attorney regarding your specific matter.

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