ASSOCIATION OF NEW JERSEY RIFLE & PISTOL CLUBS, INC.; Caso's Gun-A-Rama, Inc.; Lisa M. Caso; and Scott L. Bach, Plaintiffs-Respondents,
v.
The CITY OF JERSEY CITY; Jerramiah T. Healy, Mayor of Jersey city; and Thomas Comey, Chief of Police of Jersey City, Defendants-Appellants, and
Associated Community Organizations for Reform Now (Acorn New Jersey), Greenvile Chapter, Defendant/Intervenor-Appellant.
Superior Court of New Jersey, Appellate Division.https://leagle.com/images/logo.png
Argued May 5, 2008.
Decided September 29, 2008.
Attorney(s) appearing for the Case
Thomas C. Jardim, argued the cause for the Jersey City appellants (Ramsey Berman, PC, attorneys; Mr. Jardim, of counsel and on the brief).
Jenny-Brooke Condon, Newark, argued the cause for the intervenor/appellant (Linda Fisher and Ms. Condon, of the Center for Social Justice at Seton Hall Law School, with Renee Steinhagen, of the New Jersey Appleseed Public Interest Law Center, attorneys; Ms. Steinhagen, on the brief).
Frank Pisano, III, Montville, argued the cause for respondents (Needleman and Pisano, attorneys; Mr. Pisano, on the brief).
Ethan Dettmer (Gibson, Dunn & Crutcher) of the California bar, admitted pro hac vice, San Francisco, CA, argued the cause for amicus curiae Legal Community Against Violence (Richard Gutman and Mr. Dettmer with Frederick Brown (Gibson, Dunn & Crutcher) and Jaime Byrnes (Gibson, Dunn & Crutcher), both of the California bar and both admitted pro hac vice, attorneys; Mr. Dettmer, Mr. Brown, and Ms. Byrnes, on the brief).
Lowenstein Sandler, Roseland and Craig R. Levine, for amicus curiae New Jersey Institute for Social Justice (Mr. Levine, of counsel and on the brief).
Before Judges STERN, C.L. MINIMAN and KESTIN.
Superior Court of New Jersey, Appellate Division.
The opinion of the court was delivered by
KESTIN, J.A.D. (retired and temporarily assigned on recall).
On January 2, 2007, the trial court entered an order with the following terms:
that Jersey City Code, Chapter 163, Article V, City Ordinance 06-116 denies the equal protection of the laws, contrary to Article I, Paragraph 1 of the New Jersey Constitution and is preempted by the New Jersey Code of Criminal Justice and is invalid in accordance...
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