Legal Opinion
State v. Auringer
New Jersey Superior Court Appellate Division
Decided November 9, 2000PublishedCited by 1 opinion
1Opinion of the Court
The opinion of the court was delivered by
LESEMANN, J.A.D.
Defendant David H. Auringer appeals from his conviction on three counts of the fourth degree offense of acquiring a handgun without a permit to purchase, contrary to N.J.S.A 2C:58-3a and N.J.S.A 2C:39-10a. The facts are undisputed and defendant pleaded guilty to the charges, reserving the right to argue on appeal that a federal firearms license he held for a place of business in North Carolina precluded this New Jersey prosecution, that the applicable New Jersey statutes were preempted by federal legislation which “occupied the field,”…
2Cases cited20 opinions
- Pike v. Bruce Church, Inc.Supreme Court of the United States · 1970
- Raymond Motor Transportation, Inc. v. RiceSupreme Court of the United States · 1978
- Kassel v. Consolidated Freightways Corp. of Del.Supreme Court of the United States · 1981
- Fort Gratiot Sanitary Landfill, Inc. v. Michigan Department of Natural ResourcesSupreme Court of the United States · 1992
- United States v. BaileyCourt of Appeals for the Eleventh Circuit · 1997
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3Cited by1 opinion
- Perreira v. RedigerSupreme Court of New Jersey · 2001