ELIZABETH, NJ – -(AmmoLand.com)- After his unanimous NJ Supreme Court victory and a remand hearing on the merits, Calvin Carlstrom has been granted his New Jersey Permit to Carry a Handgun.
Last January — overturning both County Superior Court and Appellate Division decisions — the law firm of Evan F. Nappen, Attorney at Law successfully petitioned the NJ Supreme Court for an Opinion mandating that people must be provided with hearings whenever a court contemplates denying a handgun carry permit, and that such hearings must be held within 30 days.
As part of that Opinion, the New Jersey Supreme Court remanded Carlstrom’s matter back to the Law Division to conduct a hearing on the merits of Carlstrom’s application. On remand, Carlstrom’s attorney, Louis P. Nappen, Esq., supplied documents showing Carlstrom’s “justifiable need” for the permit, and the Borough of Roselle Park (whose Police Chief originally approved the issuance) did not object to the issuance.
Pursuant to Union County Superior Court Judge William A. Daniel’s Order, Carlstrom’s permit provides that he may carry a handgun in performance of his duties as an armed security guard for his employer.
Under New Jersey’s governing statute, carry permit applicants are only afforded hearings when police chiefs deny applications. The statute is silent whether a judge must provide hearings when Courts intends to deny applications that have been approved by police chiefs.
Carlstrom’s application, after approval from his police chief, was denied by the court without him ever being provided a hearing.
The New Jersey Supreme Court, however, held in its Carlstrom’s Opinion that:
“[I]f a court has any questions regarding the applicant or his or her permit to carry application, it must hold a hearing to address those questions. The court should not simply deny the application.”
“[A] hearing must be held whenever the court contemplates denying a handgun carry-permit[.]”
This is believed to be the first pro-gun rights decision ever issued unanimously by the New Jersey Supreme Court.
Attorney Louis Nappen said, “Mr. Carlstrom helped countless people receive Due Process in the future, and Mr. Carlstrom can now perform his duties to make New Jersey safer.”
About Evan Nappen:
Evan Nappen (www.EvanNappen.com) is a criminal defense attorney who has focused on New Jersey firearms and weapons law for several decades. He is the author of the New Jersey Gun Law Guide. Visit his website at www.EvanNappen.com
It’s a good FIRST STEP! Eventually, we need to restore Constitutional Carry to ALL 50 STATES, repeal NFA/FFA/GCA/FOPA/etc. and ABOLISH THE UNCONSTITUTIONAL BATF!
GOOD!
Good, sue them, it’s a good start. They should be fined and it should cost them their job whenever they deny or delay any American’s GOD given, constitutionally protected, unalienable RIGHT to keep and bear arms. It’s a good start for the courts to finally stand up for the constitution. Maybe there is some hope after all. Maybe, if the courts and legislators, lawyers and enforcement actually honors the constitution and the oath they swore, there won’t have to be a war. We’ll see. When anyone who has sworn an oath to the nation, people and the constitution breaks same,… Read more »
An appointed law enforcement officer and appointed judge gets to decide who gets Second Amendment Right in Jersey, do I understand this correctly?
The NJ Police will arrest and charge him like they did the last Security Guard for having approved non-hollow point bullets.
https://www.ammoland.com/2020/03/nj-carry-licensed-security-guard-arrested-so-called-hollowpoint-ammo/
A hollow point will expand in a felon or wall vs continuing on through & hurting a bystander.
Ramble, one of the stupid parts of the no hollow-point law is that an otherwise hollow-point that has a plastic or other substance filling the void is not considered a hollow-point, even though it exhibits the same properties of the banned cartridge.
@Ramble
Hollow points will zip right through drywall, car doors, many types of obstructions and hit people on the other side no problem.
https://www.youtube.com/watch?v=lkYBd9p3b8M
Hollowpoints were made to help cause upset in a target earlier, but they will still penetrate. Be mindful of that. Some Hollowpoints also can fill with material like cloth and act more like a flatpoint.
If concern of hitting barriers and limiting penetration is the order, frangible ammo would be better than a hollowpoint, but most do not perform as reliably as hollowpoint ammo.