Petition for Writ - Stephen Halbrook

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24 Springfield Armory, 29 F.3d 250, invalidated a ban on a list of “assault weapons” (using the same names as New Jersey) and “slight modifications or enhancements” thereof, which it held to be vague. The court explained: [T]he ordinance is fundamentally irrational and impossible to apply consistently by the buying public, the sportsman, the law enforcement officer, the prosecutor or the judge. The Columbus ordinance outlaws assault weapons only by outlawing certain brand names without including within the prohibition similar assault weapons of the same type, function or capability. . . . The ordinance purports to ban “assault weapons” but in fact it bans only an arbitrary and ill-defined subset of these weapons without providing any explanation for its selections. Id. at 252. “Nor is there an explanation for drafting the ordinance in terms of brand name rather than generic type or category of weapon.” Id. at 253. Since “slight modifications” was void for vagueness, the list of named firearms was irrational: Here, the catch-all phrase is the only element that brings any generality to the measure. The provision seems integral to the ordinance since without it manufacturers could circumvent the ban by merely changing the names of the listed weapons. In view of the arbitrary nature of the ordinance . . . we hold the assault weapon provisions of the ordinance . . . invalid. 23 Id. at 254. In sum, the Act’s ban on the use by specified manufacturers 23 See Citizens for a Safer Community v. Rochester, 627 N.Y.S.2d 193, 197, 204 (Sup. 1994) (invalidating “attempts to make criminal the sale or the possession of certain guns of some manufacturers while allowing the possession of essentially identical guns made by others”).
25 of specified names violates the rights to free speech and press and to equal protection of the laws. III. THE CLUB-MEMBERSHIP REQUIREMENT VIOLATES FREEDOM OF ASSOCIATION The First and Fourteenth Amendments to the U.S. Constitution protect the right to freedom of association and prohibit a State from denying the equal protection of the laws. The Act violates these rights by having required, as a condition of registration of assault firearms and large capacity magazines, membership in certain clubs. Section 2C:58-12b(4) provides that an assault firearm declared “legitimate” by the Attorney General and purchased by May 1, 1990, may be registered within one year of the effective date if: the owner is “a member of a rifle or pistol club in existence prior to the effective date,” the owner “joined the club no later than 210 days after the effective date,” and the club files its charter with the Superintendent of State Police within 180 days of the effective date. Section 2C:39-3j makes possession of a large capacity ammunition magazine lawful only for a registrant. The registrant need not remain a club member. The club membership requirement discriminates against petitioners who were not members within the prescribed time, but who owned “legitimate” assault firearms and large capacity magazines purchased before May 1, 1990. 24 It preconditions a liberty and property right not on prior lawful property ownership, 24 Persons were not club members for various reasons, including disagreement with club beliefs on political issues, high fees, inability to be endorsed by members, desire not be associated with club members, lack of open memberships, and lack of a club within a convenient distance. Cir. App. 228a-229a,162a-163a.
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 and 18: 1 OPINIONS BELOW The opinion of the
Page 19 and 20: 3 names engraved thereon was consis
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: 23 government interest” to justif
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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