Important pro-gun win today by Evan F. Nappen, Attorney at Law, P.C.
Eatontown, NJ –-(Ammoland.com)- Today the Superior Court Of New Jersey ruled that New Jersey Towns can NOT add requirements to the gun license process.
Not even requiring that a photo be submitted! This problem of towns adding all sorts of requirements and conditions to the gun licensing process has long plagued New Jersey's law abiding gun owner.
At least 1000 people submitted passport photos with their Firearm Applications before Jeremy Perez stood up and said “Not Me!” to the Paterson NJ Police Department.
Pursuant to N.J.S.A. 2C:58-3d, Perez requested a hearing on the denials in the Superior (County) Court, where the County judge, not surprisingly, sided with the Town of Paterson and the State of NJ, as the trial court upheld the denials on the ground that Perez “failed to fully complete the application process” by not providing the arbitrary additional documents required by the Patterson Police Department.
He then hired the Nappen Law Firm to represent him on appeal. Louis P. Nappen,Esq. wrote the brief” where they won on appeal to the Superior Court Of New Jersey who ruled the following.
From the decision:
“We agree that the Department's special forms are in conflict with the plain meaning of subsections e and f of N.J.S.A. 2C:58-3.”
“The statute plainly precludes the Paterson Police Department from imposing burdens on an applicant not required by statute and, therefore, from denying an applicant a purchaser identification card or a permit to purchase a handgun based on the applicant's failure to complete special forms adding to the burden that it has devised.The Department must use applications in the form prescribed by the superintendent as required by N.J.S.A. 2C:59-3e. Moreover, the Department may not deny applications based on any condition or requirement not specifically set forth in Chapter 58 of Title 2C. N.J.S.A. 2C:58 -3f precludes that.”
“Because the judge's decision to reject Perez's challenge was based solely on his failure to complete the invalid application form, we reverse and remand for further proceedings.”
Read the full opinion here — http://www.judiciary.state.nj.us/opinions/a0498-12.pdf
Evan Nappen (www.EvanNappen.com) is a criminal defense attorney who has focused on New Jersey firearms and weapons law for over 23 years. He is the author of the New Jersey Gun Law Guide. Visit his website at www.EvanNappen.com