Coalition of New Jersey Sportsmen v. Florio

In Coalition of New Jersey Sportsmen v. Florio, 744 F.Supp. 602 (D.N.J.1990), Judge Brown found that because BB guns fell within the definition of weapons registration as an assault firearm, applicants had to "qualify under two lengthy application procedures . . . where they may be refused at any time the State determines such a license does not serve the public interest," and that the restrictions created a "de facto prohibition on the sale of B-B and air guns that may fall under New Jersey's statutory definition of semi-automatic firearms." Coalition, supra, 744 F.Supp. at 608. He specifically found that New Jersey's "regulatory scheme vests unbridled discretion over the licensing process with the State." Ibid. He further held this de facto prohibition violated the express language of 15 U.S.C.A. 5001(g)(ii) which specifically preempts any State law concerning markings and identification of imitation firearms not consistent with the federal law and further provides "that no State shall . . . (ii) prohibit the sale . . . of traditional B-B, paint ball, or pellet-firing air guns that expel a projectile through the force of air pressure." In essence, Judge Brown severed the assault firearm registration requirements as they apply to BB and air guns.