NEEDLEMAN AND PISANO Montville Professional Building 161 Route 202, P.O. Box 187 Montville, New Jersey (973) Attorneys for Plaintiffs

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1 NEEDLEMAN AND PISANO Montville Professional Building 161 Route 202, P.O. Box 187 Montville, New Jersey (973) Attorneys for Plaintiffs * SUPERIOR COURT OF NEW JERSEY ASSOCIATION OF NEW JERSEY RIFLE * LAW DIVISION- HUDSON COUNTY & PISTOL CLUBS, INC.; * CASO S GUN-A-RAMA, INC.; * DOCKET NO: HUD-L LISA M. CASO; and, SCOTT L. BACH, * * Civil Action Plaintiffs, * vs. * * THE CITY OF JERSEY CITY; * COMPLAINT IN LIEU OF JERRAMIAH T. HEALY, MAYOR OF * PREROGATIVE WRITS JERSEY CITY; and, THOMAS COMEY, * CHIEF OF POLICE OF JERSEY CITY, * * Defendants. * * Plaintiffs, the Association of New Jersey Rifle & Pistol Clubs, Inc., Caso s Gun-A-Rama, Lisa M. Caso, and Scott L. Bach, by way of Complaint against Defendants, the City of Jersey City, Jerramiah T. Healy, Mayor of Jersey City, and Thomas Comey, Chief of Police of Jersey City, say: 1

2 FIRST COUNT (Jersey City Code, Ch. 163, Art. V, Prohibiting the Sale or Purchase of More Than One Handgun Within a Thirty-Day Period, is Preempted Pursuant to N.J.S.A. 2C:1-5d and Invalid) 1. This action concerns the City of Jersey City s attempted prohibition of the sale or purchase of more than one (1) handgun within a thirty (30) day period, Jersey City Code, Ch. 163, Art. V, City Ordinance , et seq., which violates, inter alia, N.J.S.A. 2C:1-5d because it conflicts with and is preempted by the New Jersey Code of Criminal Justice and policies of this State expressed by the Code of Criminal Justice. (See Exhibit A attached hereto and incorporated herewith). 2. Plaintiff, Association of New Jersey Rifle & Pistol Clubs, Inc. (hereafter Association ), is a not-for-profit membership corporation incorporated in the State of New Jersey since 1936 and represents it members. Its address is P.O. Box 353, Pompton Plains, New Jersey The Association represents the interests of target shooters, hunters, competitors, outdoors people, and other law abiding firearms owners. Among the Association s purposes is aiding individual shooters in every way within its power and supporting and defending the people s right to keep and bear arms, including the right of its members and the public to purchase and possess firearms. The Association brings this action on behalf of its members who have been and will be injured by the invalid Municipal Ordinance at issue. 3. Plaintiff, Caso s Gun-A-Rama, Inc., is a federally and State licensed dealer in firearms incorporated in the State of New Jersey since 1967 with its principal place of business at 176 Danforth Avenue, Jersey City, New Jersey Plaintiff, Lisa M. Caso, resides in Jersey City, New Jersey. 5. Plaintiff, Scott L. Bach, resides in Newfoundland, New Jersey. 2

3 6. Defendant, City of Jersey City, is a municipality in Hudson County incorporated in Defendant, Jerramiah T. Healy, is the Mayor of Jersey City whose principal place of business is located at 280 Grove Street, Jersey City, New Jersey, and is sued in his official capacity as such. 8. Defendant, Thomas Comey, is the Chief of Police of the Jersey City Police Department whose principal place of business is located at 8 Erie Street, Jersey City, New Jersey, and is sued in his official capacity as such. 9. The New Jersey Criminal Code provides a careful grid of regulatory provisions regarding the purchase of handguns in this State. N.J.S.A. 2C:58-1, et seq., sets forth specific requirements and limitations regarding the purchase of handguns and makes it lawful to purchase more than one handgun at any time, so long as each handgun is purchased pursuant to a valid Pistol Purchase Permit. 10. N.J.S.A. 2C:58-3f provides: there shall be no conditions or requirements... required by the licencing authority for the issuance of a permit or identification card other than those that are specifically set forth in this chapter. 11. N.J.S.A. 2C:58-3i addresses restrictions on the number of firearms a person may purchase and provides: only one handgun shall be purchased or delivered on each permit, but a person shall not be restricted as to the number of shotguns or rifles he may purchase, provided he possess a valid purchaser identification card and provided further that he signs a certification required in subsection b of his section for each transaction. 12. Defendants, The City of Jersey City and Mayor Healy, purport to rely upon N.J.S.A. 40:48-1(18) for authority to enact Jersey City Code, Ch. 163, Art. V, et seq. 13. N.J.S.A. 40:40-1(18) provides that the governing body of every municipality may 3

4 make, amend, repeal and enforce ordinances to... regulate and prohibit the sale and use of guns, pistols, firearms and fireworks of all descriptions. This statute, however, is superseded in the above-captioned matter by N.J.S.A. 2C:1-5d which provides that notwithstanding any other provision of law, the local governmental units of this State may neither enact nor enforce any ordinance or other local law or regulation conflicting with, or preempted by, any provision of this code or with any policy of this State expressed by this code, whether that policy be expressed by inclusion of a provision in the code or by exclusion of that subject by the code (emphasis added). 14. On July 18, 2006, Ch. 163, Art. V, of the Jersey City Code became effective. This enactment prohibits the sale, and possibly purchase, of more than one (1) handgun within a thirty (30) day period. 15. Jersey City Code, Ch. 163, Art. V, provides: no dealer shall sell any handgun to any person whom the dealer knows has purchased or made application to purchase any handgun within the State of New Jersey within [a] thirty (30) day prior thereto and any person, firm or corporation who shall violate any of the provisions of this Article, shall, upon conviction, be punishable as provided in Chapter 1, General Provisions, Section 1-25; except the minimum penalty violation shall be a fine of $ (Exhibit A ). 16. Plaintiffs, Lisa M. Caso and Scott L. Bach, as well as numerous members of the Association wish, in conformity with State law, to obtain more than one (1) handgun within thirty (30) days in the City of Jersey City. Plaintiff, Caso s Gun-A-Rama, Inc., wishes to sell more than one (1) handgun within thirty (30) days to customers with valid Pistol Purchase Permits. But for enforcement of Jersey City Code, Ch. 163, Art. V, by the Defendants, such Plaintiffs and Association members could obtain and sell more than one (1) handgun within thirty (30) days in Jersey City. 4

5 17. Plaintiffs, Lisa M. Caso, and Scott L. Bach, and members of the Association are threatened with arrest, fine and prosecution when and if they purchase more than one (1) handgun within thirty days in Jersey City, New Jersey, even if said individuals possess valid Pistol Purchase Permits in accordance with N.J.S.A. 2C:58-1, et seq. But for the enforcement of Jersey City Code, Ch. 163, Art. V, said Plaintiffs and Association members could lawfully purchase more than one (1) handgun in Jersey City within thirty (30) days so long as they possessed valid pistol purchase permits pursuant to N.J.S.A. 2C:58-1, et seq. 18. Plaintiff, Caso s Gun-A-Rama, Inc., sells handguns to citizens of Jersey City, as well as citizens who reside throughout the State, who possess valid Pistol Purchase Permits in accordance with N.J.S.A. 2c:58-1, et seq.. Caso s Gun-A-Rama, Inc. has sold more than one (1) handgun within thirty (30) days to individuals possessing valid Pistol Purchase Permits. But for the enforcement of the above-described Jersey City Ordinance, Plaintiff, Caso s Gun-A-Rama, Inc., could sell more than one (1) handgun within thirty (30) days to individuals in possession of valid Pistol Purchase Permits and would realize profits. Moreover, duly licensed firearms dealers outside of Jersey City, New Jersey can continue to sell more than one (1) handgun within a thirty (30) day period to an individual who possesses valid Pistol Purchase Permits. 19. Jersey City Code, Ch. 163, Art. V, violates the privacy rights of law abiding citizens by requiring handgun purchasers to disclose to dealers whether they have made an application to purchase a handgun. (See City of Jersey City Compliance-Exemption Form attached hereto and incorporated herewith as Exhibit B ). 20. N.J.A.C. 13: provides: Any application for a permit... and any document reflecting the issuance or denial of such permit... and any permit... is not a public record and shall not be disclosed to any person not authorized by law or this chapter to have 5

6 access to such documentation... except on the request of persons acting in their governmental capacities for the purposes of the administration of justice. 21. Plaintiff, Caso s Gun-A-Rama, Inc., is not authorized by law to have access to information regarding law abiding citizens applications to obtain permits to purchase pistols. 22. At the direction of Defendants, to attempt to comply with Jersey City Code, Ch. 163, Art. V, et seq., Plaintiff, Caso s Gun-A-Rama, Inc., is forced to ask its customers to provide confidential information Caso s Gun-A-Rama is not authorized by law to have access to. 23. Jersey City Code Ch. 163, Art. V, conflicts with N.J.S.A. 2C:58-1, et seq., and is therefore preempted pursuant to N.J.S.A. 2C:1-5d. The Legislature s central purpose in enacting the Code of Criminal Justice was to create a consistent, comprehensive system of criminal law. If allowed to stand, Jersey City Code, Ch. 163, Art. V, will open the door for all municipalities to pass their own regulations that differ from state law, creating a patchwork of inconsistent, conflicting, and overlapping laws throughout the State. 24. Violation of Jersey City Code, Ch. 163, Art. IV would subject Plaintiffs to arrest, prosecution, incarceration, fines, confiscation of property, loss of livelihood and revocation of applicable licenses. 25. Defendants will cause the prosecution of persons, including Plaintiffs or Association members for any known or perceived violation of Jersey City Code, Ch. 163, Art. V, et seq. Pursuant to N.J.S.A. 40A:61-4, as Mayor, it is the duty of Defendant, Jerramiah T. Healy, to see to it that the laws of the State and the ordinances of the City are faithfully executed, and he is the head of the Jersey City Police Department. As Chief of the Jersey City Police Department, it is the duty of Defendant, Thomas Comey, to pursue and apprehend offenders and to obtain evidence to insure the conviction of offenders. 26. As a proximate cause of Jersey City Ordinance, Ch. 163, Art. V, and its 6

7 enforcement by the Defendants, acting under the color of State law, Plaintiffs have been and will continue to be injured and subjected by Defendants to irreparable injury and deprivation of rights, privileges and immunities, including, without limitation, liberty and property, under the New Jersey Constitution. WHEREFORE, Plaintiffs request entry of a judgment declaring that Jersey City Code, Ch. 163, Art. V is preempted by the New Jersey Code of Criminal Justice and is invalid in accordance with N.J.S.A. 2C:1-5d, is void, and has no legal force and effect, issuance of a preliminary and permanent injunction against the Defendants and their agents, employees and successors against the enforcement of Jersey City Ordinance, Ch. 163, Art. V, together with all costs and disbursements on this action, attorneys fees and any other further relief this Court may deem appropriate. SECOND COUNT (Jersey City Code, Ch. 163, Art. V, Denies Equal Protection) 27. Plaintiffs repeat and reallege each and every prior allegation as if set forth at length herein. 28. Article 1, paragraph 1, of the New Jersey Constitution provides: all persons are by nature free and independent, and have certain natural and unalienable rights, among which are those of enjoying and defending life and liberty, of acquiring, possessing, and protecting property, and of pursuing and obtaining safety and happiness. Article 1, paragraph 1 seeks to protect against injustice and against the unequal treatment of those who should be treated alike. 29. Jersey City Ordinance, Ch. 163, Art. V, denies the equal protection of the law by prohibiting duly licensed dealers and citizens with valid Pistol Purchase Permits from 7

8 purchasing, or making application to purchase, more than one (1) handgun within a thirty (30) day period in Jersey City, New Jersey, notwithstanding the fact that duly licensed dealers and citizens with valid Pistol Purchase Permits may purchase and make application to purchase more than one (1) handgun within a thirty (30) day period in accordance with N.J.S.A. 2C:58-1, et seq., anywhere else in this State. This is an irrational discrimination violative of the right to equal protection of the laws. 30. Accordingly, Jersey City Ordinance, Ch. 163, Art. V, violates the right to equal protection of the laws guaranteed by Article 1, paragraph 1 of the New Jersey Constitution. WHEREFORE, Plaintiffs request entry of a judgment declaring that Jersey City Code, Ch. 163, Art. V denies the equal protection of the laws, contrary to Article 1, paragraph 1 of the New Jersey Constitution, issuance of a preliminary and permanent junction against the Defendant and its agents, employees and successors against the enforcement of Jersey City Code, Ch. 163, Art. V, together with all costs and disbursements on this action, attorneys fees and any other further relief this Court may deem appropriate. THIRD COUNT (Vagueness) 31. Plaintiffs repeat and reallege each and every prior allegation as if set forth at length herein. 32. Article 1, paragraph 1 of the New Jersey Constitution provides: all persons are by nature free and independent, and have certain natural and unalienable rights, among which are those of enjoying and defending life and liberty, of acquiring, possessing, and protecting property, and of pursuing and obtaining safety and happiness. Vague criminal laws violate the right to due process grounded in notions of fair play. 8

9 Vagueness of Dealer 33. Jersey City Code, Ch. 163, Art. V, defines dealer as a retail firearms dealer licensed by the City of Jersey City. (See Exhibit A ). 34. Only the State and Federal government issue retail firearms licenses. The City of Jersey City does not. 35. Jersey City Code, Ch. 163, Art. V, is vague because it is unclear whether it applies to federally and State licensed dealers such as Plaintiff, Caso-s Gun-A-Rama, Inc. Vagueness of Purchase 36. While the text of Jersey City Code, Ch. 163, Art. V, appears to apply only to dealers because it criminalizes sales by dealers of more than one handgun to any person who purchased or made application to purchase any other handgun within a thirty day period. The Ordinance text does not specifically address whether purchasers can be prosecuted as well. However, the title of the ordinance itself includes language that might also have the effect of criminalizing the purchase by individuals of more than one handgun within a thirty day period. 37. Jersey City Code, Ch. 163, Art. V is vague because it is unclear if it makes it illegal for law abiding citizens possessing State issued Pistol Purchase Permits to purchase more than one handgun within a thirty day period as oppossed to dealers, for whom it is clearly illegal. 38. Jersey City Code, Ch. 163, Art. V is unconstitutionally vague and deprives Plaintiffs of liberty and property without due process of law in violation of the New Jersey Constitution, Art. I, Paragraph 1. The definition of dealer refers exclusively to licensing of firearms dealers by Jersey City notwithstanding the fact that no such licensing exists in Jersey City and State and federal law do not require or recognize any such licensing. This definition is 9

10 so inherently vague that no person of ordinary intelligence (including Plaintiff, Caso s Gun-A- Rama) can determine if they are subject to the Ordinance. The title and text of the ordinance are also so inherently vague that no person of ordinary intelligence (including individual Plaintiffs and Association member) is warned of exactly what handgun transactions are illegal or who can be prosecuted for a prohibited transaction. WHEREFORE, Plaintiffs request entry of a judgment declaring that Jersey City Code, Ch. 163, Art. V is unconstitutionally vague on its face and as applied, contrary to Article I, Paragraph 1 of the New Jersey Constitution, issuance of a preliminary and permanent injunction against the Defendants and their agents, employees and successors against the enforcement of Jersey City Code, Ch. 163, Art. V, together with all costs and disbursements on this action, attorneys fees and any other further relief that this Court may deem appropriate. DESIGNATION OF TRIAL COUNSEL Pursuant to the provisions of R. 4:25-4, Frank Pisano, III, is hereby designated as trial counsel on behalf of the Plaintiffs. NEEDLEMAN AND PISANO Attorneys for Plaintiffs Dated: July 25, 2006 By: /s/ FRANK PISANO, III CERTIFICATION I hereby certify pursuant to R. 4:5-1, that this matter is not presently the subject of any other action pending in any court or of a pending arbitration preceding, furthermore, no such action or arbitration proceeding is being contemplated at this time. Also, to the best of my knowledge, there are no other parties who should be joined in this action at this time. 10

11 NEEDLEMAN AND PISANO Attorneys for Plaintiffs By: _ /s/ FRANK PISANO, III Dated: July 25,