search
top

Third Circuit Shoots Down Challenge to One-Gun-a-Month Law

Decision here. It’s important to know this was not a Second Amendment challenge to one-gun-a-month, but rather a challenge based on an obscure provision in federal law that preempts the states from prohibiting air guns, and New Jersey law treats air guns identically to firearms. The court held that the rationing does not amount to complete prohibition, and thus is not preempted:

Because the One Gun Law regulates but does not prohibit the sale of B-B and air guns, it is not preempted by § 5001(g)(ii).

ANJRPC also challenged the exemption process, as a violation of due process, since the exemption is impossible to obtain.

We also reject the Appellants‘ claim that the implementation of the exemptions violates due process. The District Court declined to exercise jurisdiction over the state law claims after it dismissed the federal claims. Because we affirm its dismissal of the federal claims, we hold that the Court properly declined jurisdiction over the state law claims.

This will likely be spun by our opponents, but it was a novel theory to attempt to defeat the gun rationing scheme, and it is wholly inapplicable to other states, which do not regulate air guns as New Jersey does. It also means nothing in regards as to whether such a rationing scheme is constitutional per the Second Amendment.

4 Responses to “Third Circuit Shoots Down Challenge to One-Gun-a-Month Law”

  1. Andy B. says:

    “The court held that the rationing does not amount to complete prohibition, and thus is not preempted. . .”

    Despite the court’s nice words about it “not being so onerous as to be a de facto prohibition,” isn’t that a rather subjective call? What would be onerous? One a year? Decade? Century?

    Another example of why all law is bullshit, and we supply the spoons.

  2. Robert says:

    The mere idea that government can limit the purchase of anything – excepting reasonable rations at a time of war, as was the case often in WWII – is ridiculous. This is yet another symptom of an out-of-control judiciary and legislature.

  3. Bob Smithey says:

    At least here in MD where we are limited to two firearms in 60 days (if you buy them at the same time,) can get collector status. It lets us get around that one gun a month problem, but opens up a different set of problems… like small wallet syndrome and needmoreammotis.

Trackbacks/Pingbacks

  1. SayUncle » Challenge to one gun a month - [...] Upheld in NJ because of BB guns [...]
  2. Short Round The Tubes « doubleplusundead - [...] fucking Ralphie, I hope he doesn’t move to NJ cuz Black Bart would eat his [...]
top