Newsgroups: fidonet.guns From: Duane Barrett <[Duane Barrett] at [f319.n138.z1.fidonet.org]> Date: Wed, 28 Feb 96 12:16:27 -0800 Subject: NJ Gun Ban Illegal Gun Ban Struck Down as "Unconstitutional" 96-02-28 10:23:19 EST For Immediate Release For More Information: February 27, 1996 NRA Public Affairs (703) 267-3820 Gun Ban Praised by President Clinton Struck Down as "Unconstitutional" "[W]e need a national law to do what New Jersey has done here with the assault weapons (sic).... [B]egin with guns, and prove that we can do in America what you are doing here in New Jersey." -- President Bill Clinton October 8, 1993 The model for the 1994 Clinton Gun Ban was struck down in New Jersey yesterday on constitutional grounds. The Superior Court of New Jersey found the gun and magazine ban unconstitutionally vague and a violation of due process rights. "NRA has argued for years that gun bans violate basic civil rights and draw distinctions where distinctions don't exist," said Mrs. Tanya K. Metaksa, Executive Director of the National Rifle Association Institute for Legislative Action (NRA-ILA). "A Superior Court concurs with NRA -- a Superior Court in New Jersey, the factory floor of the Clinton Gun Ban." In State of New Jersey vs. Robert D. Merrill, the court dismissed the gun possession charge as unconstitutional. The Florio Gun Ban prohibits a list of named firearms (including "Avtomat Kalashnikov type semi-automatic firearms," for example) and those substantially identical" to the named guns. Similarly, the Clinton Gun Ban prohibits a list of named firearms (those "known as" the "avtomat Kalashnikov," for example) together with "copies or duplicates." Merrill possessed a Norinco MAK-90, a semiautomatic rifle with Kalashnikov action. The prosecutor charged that Merrill was guilty of possessing a banned gun, arguing that MAK-90 was "substantially identical" to guns banned by name. The Court said: "How is this Defendant or any defendant to know if his firearm is 'substantially identical' unless he is intimately familiar with the nomenclature of the 37 other weapons? This is an impossibility and a task which the law cannot require.... To prohibit substantially identical' firearms is an unconstitutionally vague approach which cannot be countenanced (emphasis added)." The court dismissed the charge of unlawful possession of a magazine in excess of fifteen rounds, because the law violated due process and ex post facto protections. In short, when then- Governor Florio signed the ban, law-abiding owners of proscribed magazines unavoidably became criminals, whether they kept the magazines or disposed of them. "Gun bans don't deter crime," said Mrs. Metaksa. "Gun bans create criminals out of honest, law-abiding citizens." -- nra -- =+=+=+=+ This information is provided as a service of the National Rifle Association Institute for Legislative Action, Fairfax, VA. This and other information on the Second Amendment and the NRA is available at any of the following URL's: http://WWW.NRA.Org, gopher://GOPHER.NRA.Org, wais://WAIS.NRA.Org, ftp://FTP.NRA.Org, mailto:[L--TP--C] at [NRA.Org] (Send the word help as the body of a message)