STATE v. RACKIS


755 A.2d 649 (2000)

333 N.J. Super. 332

STATE of New Jersey, Plaintiff-Appellant, v. Michael C. RACKIS, Defendant-Respondent. State of New Jersey, Plaintiff-Appellant, v. Ian Bagnell, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided August 1, 2000.


Attorney(s) appearing for the Case

Janet Flanagan, Deputy Attorney General, argued the cause for plaintiff-appellant (John J. Farmer, Jr., Attorney General of New Jersey; attorney; Ms. Flanagan, of counsel and on the brief).

Evan F. Nappen, Morristown, argued the cause for defendants-respondents (James H. Maynard & Associates, attorneys; Mr. Nappen, on the brief).

Before Judges MUIR, Jr., WALLACE, Jr., and CUFF.


The opinion of the court was delivered by CUFF, J.A.D.

This appeal raises the narrow issue of whether 15 U.S.C.A. § 5001, which prohibits states from banning the sale, other than to minors, of traditional BB guns, paint ball, or pellet-firing guns, preempts N.J.S.A. 2C:39-5b (possession of a handgun without a permit) and N.J.S.A. 2C:39-7b (possession of a handgun by a convicted felon) in so far as those statutes include BB guns among the...

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