The New York Times
November 11, 2000
Judge Says Town Went Too Far in Creation of Gun-Free Zones
NEWARK, Nov. 10 — A New Jersey judge has overturned an unusual local law that bans guns within 1,000 feet of schools, parks, playgrounds or libraries in the borough of Roseland, ruling that only the state legislature can regulate firearms.
The ruling, issued Thursday by Judge F. Michael Caruso of Superior Court here, affirmed the argument made by the state affiliate of the National Rifle Association, the Association of New Jersey Rifle and Pistol Clubs, that the borough council had exceeded its powers when it passed the ban in June.
The ban, which called for a $1,000 fine, was never enforced because the state gun group obtained a restraining order. The state attorney general's office said Roseland was the only municipality in the state to try to create such gun-free zones.
Roseland, a quiet middle-class suburb 10 miles west of Newark, has no gun problem. After the ban passed, some gun owners who live near schools and parks worried that they could be prosecuted.
A statement issued today by the state gun association called the ordinance "a piece of feel-good legislation."
"The mayor and town council were playing politics, pretending to do something about crime," the statement said.
David I. Fox, the borough's lawyer, said he had discussed the new ruling with Mayor Louis DeBell, but they had not decided whether to appeal. Still, Mr. Fox said borough officials hoped the ordinance would have some effect.
He said the attention the local ban focused on gun control could encourage lawmakers to act on pending bills that would expand a state law prohibiting guns on school property.
"We would think the state will now step in," he said.
http://www.nytimes.com/2000/11/11/nyregion/11GUNS.html?printpage=yes
November 11, 2000
Judge Says Town Went Too Far in Creation of Gun-Free Zones
NEWARK, Nov. 10 — A New Jersey judge has overturned an unusual local law that bans guns within 1,000 feet of schools, parks, playgrounds or libraries in the borough of Roseland, ruling that only the state legislature can regulate firearms.
The ruling, issued Thursday by Judge F. Michael Caruso of Superior Court here, affirmed the argument made by the state affiliate of the National Rifle Association, the Association of New Jersey Rifle and Pistol Clubs, that the borough council had exceeded its powers when it passed the ban in June.
The ban, which called for a $1,000 fine, was never enforced because the state gun group obtained a restraining order. The state attorney general's office said Roseland was the only municipality in the state to try to create such gun-free zones.
Roseland, a quiet middle-class suburb 10 miles west of Newark, has no gun problem. After the ban passed, some gun owners who live near schools and parks worried that they could be prosecuted.
A statement issued today by the state gun association called the ordinance "a piece of feel-good legislation."
"The mayor and town council were playing politics, pretending to do something about crime," the statement said.
David I. Fox, the borough's lawyer, said he had discussed the new ruling with Mayor Louis DeBell, but they had not decided whether to appeal. Still, Mr. Fox said borough officials hoped the ordinance would have some effect.
He said the attention the local ban focused on gun control could encourage lawmakers to act on pending bills that would expand a state law prohibiting guns on school property.
"We would think the state will now step in," he said.
http://www.nytimes.com/2000/11/11/nyregion/11GUNS.html?printpage=yes