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TOWNSHIP OF CHESTER v. PANICUCCI

62 N.J. 94 (1973)

299 A.2d 385

TOWNSHIP OF CHESTER, PLAINTIFF-RESPONDENT, v. MARIO PANICUCCI, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Supplemental memorandum filed October 30, 1972.

Decided January 22, 1973.

Attorney(s) appearing for the Case

Mr. William E. Ozzard argued the cause for defendant-appellant (Messrs. Ozzard, Rizzolo, Klein, Mauro & Savo, attorneys; Mr. Ozzard, on the brief).

Mr. James M. Kenihan argued the cause for plaintiff-respondent (Messrs. Fullerton, Kenihan & Porfido, attorneys; Mr. Kenihan and Mr. Lawrence P. Cohen, on the brief).

Mr. George F. Kugler, Jr., Attorney General of New Jersey, by Mr. Stephen Skillman, Assistant Attorney General, filed a memorandum at the request of the Court.

The opinion of the Court was delivered by HALL, J.

This case involves the question whether a state statute prohibiting possession of a loaded gun within a specified distance of an occupied dwelling or school playground "for the purpose of hunting, taking or killing any bird or animal" precludes a municipal ordinance operating in the same area. Defendant, supported by the Attorney General, contends that the state has preempted this field.

The statute is found...

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