Petition for Writ - Stephen Halbrook

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2 “assault firearms,” N.J.S. §§ 2C:39-1 et seq., violated U.S. Const. Amend. XIV, and also sought an injunction against the enforcement thereof. Plaintiffs include a firearms association, two firearms manufacturers, a licensed dealer, and individual firearm owners. Defendants include the Governor and law enforcement authorities of New Jersey. 1 The district court had jurisdiction under 28 U.S.C. § 1331. On June 20, 1997, the district court denied the motions of defendants for summary judgment, to dismiss under Rule 12 (b)(6), and to stay on abstention grounds. On March 31, 1999, the court granted defendants’ motion for summary judgment and denied plaintiffs’ motion for summary judgment. 2 App.65a. The court of appeals affirmed. While recognizing a split in the circuits concerning the standards for deciding whether a law is vague, it decided that a criminal statute with felony penalties and no scienter requirement was not subject to a strict standard, unless a constitutional right is implicated. App. 4-5a. The court expressed “some concerns with” with the term “substantially identical,” but held that it has a core. App. 5a. The court also held that banning firearms based on the 1 Pursuant to Rule 35.3, the following successors in office are reflected herein: Acting Governor Donald T. DiFrancesco for former Governor Christine Todd Whitman; Attorney General John J. Farmer for Peter Verniero (originally Deborah T. Poritz); Col. Carson J. Dunbar, Superintendent, Division of State Police, for Carl A. Williams; Andrew N. Yurik, II, Gloucester County Prosecutor, for Harris Y. Cotton. 2 The court found that this action is not barred by the Eleventh Amendment and abstention doctrines and that standing and ripeness requirements are met. App. 19-24a. On the merits, the court upheld parts of the Act and abstained from deciding other portions.
3 names engraved thereon was consistent with First Amendment standards for regulation of commercial speech. The court did not address the issue of whether requiring membership in a gun club to register a firearm violated freedom of association. The court of appeals thereafter denied the petition for rehearing and petition for rehearing en banc. Statement of Facts P.L. 1990, Ch. 32, amended New Jersey Statutes (“N.J.S.”) § 2C:39-1 et seq. (“the Act”). Section 2C:39-1w defines “assault firearm” to include specific models by named companies, “substantially identical” firearms, and certain generically-defined firearms. Section 2C:39-5f prohibits knowing possession of an assault firearm, and § 2C:39-9g prohibits transportation or sale thereof. Section 2C:43-6a(3) punishes violation by imprisonment for three to five years. 3 Section 2C:58-12b allowed a person to register and keep an assault firearm determined by the Attorney General to be “legitimate” for target shooting, if it was purchased by May 1, 1990, and if the owner was a member of a rifle or pistol club. Petitioners (plaintiffs-appellants below) include corporations and individuals. Coalition of New Jersey Sportsmen, Inc., consists of 57 clubs and associations representing hundreds of thousands of target shooters, hunters, and gun collectors. Bob’s Little Sportshop, Inc., is a federally and State licensed dealer in firearms 3 Section 2C:39-3j prohibits knowing possession of a large capacity ammunition magazine, and § 2C:39-9h prohibits its transport or sale. Section 2C:43-6a(4) punishes violation by 18-months imprisonment.
Page 1 and 2: No. 01- In the Supreme Court of the
Page 3 and 4: QUESTIONS PRESENTED New Jersey Stat
Page 5 and 6: iii PARTIES TO PROCEEDING In additi
Page 7 and 8: v AMENDMENT .......................
Page 9 and 10: vii TABLE OF AUTHORITIES CASES Page
Page 11 and 12: ix Planned Parenthood of Central Ne
Page 13 and 14: xi U.S. Const. Amend. I. ..........
Page 15 and 16: xiii 32 C.F.R. § 544.30(a) .......
Page 17: 1 OPINIONS BELOW The opinion of the
Page 21 and 22: 5 REQUIRED CLUB MEMBERSHIPS ARE CON
Page 23 and 24: 7 vague. The court of appeals held
Page 25 and 26: 9 inherently subjective because its
Page 27 and 28: 11 will not save the law: But the c
Page 29 and 30: 13 which was punishable by fine onl
Page 31 and 32: 15 restricted to First Amendment ca
Page 33 and 34: 17 definition of assault firearm as
Page 35 and 36: 19 magazine capacity, velocity, siz
Page 37 and 38: 21 certain generic criteria. 22 Cir
Page 39 and 40: 23 government interest” to justif
Page 41 and 42: 25 of specified names violates the
Page 43 and 44: 27 No nexus exists between club mem
Page 45 and 46: 29 as here many responsible citizen
Page 47: 31 Circuit. STEPHEN P. HALBROOK* 10

Petition for Writ - Stephen Halbrook

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