Gun dealers in New Jersey may have to limit handgun sales to one gun per customer per month if Gov. Jon Corzine signs a controversial law the state Senate passed on June 27, a measure that had its start in Jersey City.
The “One Handgun a Month” bill was originally an ordinance proposed by Jersey City Mayor Jerramiah Healy and adopted by the City Council in June 2006. The intent was to cut down on “straw purchases,” legal bulk purchases of handguns which are then illegally sold to individuals who have not passed background checks for a license.
The city ordinance was challenged in state Supreme Court by Jersey City gun dealer Frank Caso with help from the National Rifle Association.
It was struck down in December 2006 by Hudson County Superior Court Judge Maurice Gallipoli. He ruled the ordinance subjected gun dealers and buyers in Jersey City to a different standard than their counterparts in the rest of the state.
The city appealed the decision only to have the New Jersey Appellate Division uphold the Superior Court’s ruling in September 2008. The city has asked the New Jersey Supreme Court to overturn the Appellate Court’s decision, and the case is still pending.
In the meantime, in January 2008, the ordinance was crafted into a bill introduced in the state Assembly by Assemblywoman Joan Quigley (D-32nd). It took over a year for passage by the Assembly then by the Senate, where it was approved by a 21-15 vote. State Senators including Hudson County Sandra Bolden Cunningham (who sponsored the bill in the Senate), Brian Stack, and Nicholas Sacco were among the affirmative votes.
Now it awaits Corzine’s signature to become law. Healy hopes the governor will sign the bill in Jersey City during the summer.
“This is such an important bill because it cuts down on one source,” Healy said, “the straw man who walks into a gun shop and buys more than one handgun.”
But Caso hopes Corzine thinks twice about signing the bill. Corzine could conditionally veto it (returning it to the legislature for changes) or veto it absolutely.
Caso has operated Caso’s Gun-A-Rama on Danforth Avenue for 42 years. He is the only gun dealer currently in Hudson County.
‘Feel good’ legislation not good
The ordinance does not apply to federal, state, or local law enforcement officers or agencies, people who are licensed to collect guns as historic relics, or to transfers of handguns between licensed retail dealers.
Those stipulations do little to quell the continuing argument between gun control advocates and proponents of the Second Amendment right to bear arms, which was affirmed in June 2008 by the U.S. Supreme Court.
Bayonne Police Det. Vincent LoBue is a 42-year police officer and an instructor at the Bayonne Pistol Range on 16th Street in Bayonne. LoBue didn’t know the bill had passed when he was contacted for an interview, and he was not impressed. LoBue said the bill penalizes not just the gun buyers, but also gun sellers.
“Basically, no one likes it and to me it is ‘feel good’ legislation,” LoBue said. “We already have the toughest handgun laws in the country.”
LoBue continued, “Instead of going after the law-abiding citizens, go after the criminals who will find a way around the law to buy guns illegally.”
For a New Jersey resident to purchase a handgun from a gun dealer, they must prove residency, then contact the local Police Department, which does an extensive background check. Then the State Police do a background check, followed by the federal government. A permit is often issued within 30 days, although it sometimes takes longer.
A practical matter
Hudson County Prosecutor Edward DeFazio said he is sympathetic to gun owners and collectors, and thinks the recently passed bill will not have an adverse effect on their right to purchase firearms.
“Nobody is trying to keep the sportsman from pursuing their hobby,” DeFazio said. “And this is not about people not being allowed to keep firearms.”
However, DeFazio has long lamented the number of homicides in Hudson County, especially in Jersey City. As of the end of last week, there were 16 homicides in Jersey City this year, 13 of them committed with a firearm.
DeFazio said, “The question that should be asked is, ‘Why does anyone have to purchase more than one handgun a month?’ ”
Ricardo Kaulessar can be reached at rkaulessar@hudsonrreporter.com.