There can be no convincing argument that federal firearms laws preempt New Jersey law in the case of arming police officers who do not need a federal firearms license.
By Sophie Nieto-Munoz, New Jersey Monitor
Lawyers for the Jersey City Police Union say that the federal lawsuit against New Jersey for allowing Garden State officers to use marijuana , is nothing but a “political campaign masquerading as a civil suit” and should be dismissed.
Peter Paris, the attorney who filed the motion for dismissal late Wednesday night on behalf of the Jersey City Police Officers Benevolent Association argues that the city is not in real danger if it follows state marijuana legalization laws–known by the acronym CREAMM Act — and allows its cops use cannabis. The city is asking a federal court to let it fire police officers who are caught using cannabis off-duty.
“Plaintiffs assert a potential hypothetical injury based upon the novel notion that Public Safety director James Shea risks hypothetical federal indictment if he provides firearms and ammunition for Jersey City Police Officers who consume cannabis while off duty in accordance with the rights they have under the New Jersey Constitution, and the CREAMM Act,” Paris wrote in the 19-page document.
New Jersey and Jersey City are at odds over marijuana policy. In 2022, Attorney General Matt Platkin told law enforcement officials statewide the state law did not allow them fire police officers for using cannabis while off duty. Steve Fulop, the mayor of the city who is running to be the Democratic nominee for governor in the year 2025, as well as Shea, have both said that they will continue banning city cops from smoking cannabis. At least four police officers have been fired for this.
Fulop and Shea argue that federal law prohibits anyone who owns firearms from using cannabis. Paris said in the filing of the police union on Wednesday that New Jersey cops do not need to have firearms licenses at all. Therefore, federal laws related to firearms permit are “wholly relevant .”
The Civil Service Commission ordered Jersey City, which fired two police officers for testing positive for marijuana, to reinstate them. Shea claims he will face federal prosecution for allowing officers to carry guns who use marijuana, but a union legal filing states that this is “pure hooey .”
Paris: “The court will notice the City does not cite any actual communication from a federal agency to support their purported interpretations of federal firearms laws.” “Instead, City conjures up hypothetical scenarios where ATF agents storm into Police Headquarters and detain Director Shea because he reinstated police officers that the Civil Service Commission had ordered to be restored .”
Paris argues, further, that a 1991 U.S. Supreme Court decision from Wisconsin, cited in the city’s suit proves the unions’ case. In this ruling, the country’s highest court said that federal anti-pesticide laws did not preempt any local regulation of pesticides.
This ruling, Paris writes “supports defendants position in this case, namely that federal firearms law does not preempt New Jersey laws concerning firearms ownership.”
According to Paris, no federal agency has revoked gun permits for the cops involved. However, even if it had, they could still carry and work with firearms.
He says that there is no way to argue that New Jersey’s law preempts the federal firearms act when it comes time to arm police officers.
The city spokesperson didn’t immediately respond to our request for a comment.
The original publication of this story was by New Jersey Monitor.
New Jersey Regulators Approve Final Rules For Marijuana Consumption Lounges
Photo elements are courtesy rawpixel, and Philip Steffan.
The post Police Union Requests Court to Dismiss Jersey City Lawsuit over Testing Cops for Marijuana, Calling it ‘Pure Hogwash first appeared on Marijuana Minute.
