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Judge Rules NJ Towns Can NOT Arbitrarily Add Additional Requirements for Gun Permits

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Important pro-gun win today by Evan F. Nappen, Attorney at Law, P.C.

 

http://www.ammoland.com/2014/01/judge-rules-nj-towns-can-not-arbitrarily-add-additional-requirements-for-gun-permits/#axzz2ppFrJ7My

 

 

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.”

 

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I bet that particular Superior Court judge will be "retired" from the bench before you know it.

After all, this is still the Glorious Peoples Republik of New Jerseystan.

 

And after all, what's to stop the Superintendent from "changing" the forms?

He works for the AG, who works for the Guv.

 

And we all know how our Guvs, past, present, and future feel about our 2A rights.

 

Infringed?

That's the stuff that hangs from the hems and seams of your garments, isn't it?? :mad:

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Operation Compliance from the NJ2AS went a LONG way to make this a reality!  For those that aren't familiar, there's at least a few threads here on this forum dealing with this very issue.

 

Dave

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For those who wish to read the complete ruling:

http://www.judiciary.state.nj.us/opinions/a0498-12.pdf

 

And read about the Judges who made the ruling:

http://judgepedia.org/Jane_Grall

http://judgepedia.org/Allison_E._Accurso

 

Thank you, Your Honors!

Job well done.

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breaking news.  court says law saying "you can add additional crap" means "you cant add crap"  

 

it's a win.  but its sad it even had to go to court

^^^^^THIS^^^^^

 

BEST summation on this thread YET!  LOL!

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This is really good news. Thanks to EN and also lets not forget the huge groundswell effort by NJ2AS with their "Operation Establish Compliance" which knocked down this same behavior one town at a time. Great work all round!

 

G

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Perhaps making their email addresses available in order for the grateful gun owners of New Jersey to drop them a brief note thanking them for the ruling might be in order?

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Thank you Jeremy Perez for having the courage to stand up for your rights when 1,000 before you did not. A great example of how sacrifice will be necessary to win these battles. You also had a great attoney. Thank you Mr. Nappen. Please get the word out that NO ONE need comply with illegal additional requirements.

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Good news, but I'm sure the applicant won' be getting his permits within 30 days either.

 

You're right. My wait is approaching 2 years (post from when I got denied) because I decided not to comply with the illegal form and I still have to go back before a county judge for my ID and permits. If it means others won't be subjected to additional and illegal requirements, it's a small price to pay.

 

Thank you Jeremy Perez for having the courage to stand up for your rights when 1,000 before you did not. A great example of how sacrifice will be necessary to win these battles. You also had a great attoney. Thank you Mr. Nappen. Please get the word out that NO ONE need comply with illegal additional requirements.

 

You're welcome and thank you for the kind words.

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oh he's a member here, Thanks for fighting the man!

Yes, thank you so very much for standing up for what you believe in.

 

I am very grateful and would offer to take you shooting as my guest at Range 14 any time!

 

Thank you sir!

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I'm dropping off a copy to my local pd. my wife's permit came back in 13 days. My neighbor had been waiting months. It shows you that if they want it done in 30 days they can. Carneys point has a form that you bring to your employer. Right on the form it says what it's for. That's not your employers business. Especially since the lady who caused me my trouble is one of my wife's coworkers

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So what is the best method of notifying my town (Hoboken) of this court ruling? They have their own additional form and also contact your employer (in addition to the two references).

Pres. of NJ2AS posted this on FB

 

In light of Evan Nappen's Success in dealing with the illegal requirements in NJ in order to obtain firearms permits: ‪#‎nj2as‬

 

My advice is to complete ONLY the criminal background and mental health records forms, provide the 2 references, give the employer verification info, and get fingerprinted. Throw any other forms out and if they refuse to process your application, show them a copy of the court's recent decision (below) and explain that you will be contacting the county prosecutors office if they refuse to comply with the law.

 

http://www.judiciary.state.nj.us/opinions/a0498-12.pdf

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Good job for sticking up for yourself (and us)! I think this is probably the best time to push back in NJ to claw back the rights that have been eroded in the past, as Christie will need to appear to be Pro -2A to the rest of the country that votes in Republican primaries. Frank posted somewhere that Gov. Christie has far reaching power for executive orders, more so that the US president, at least in the state of NJ. For instance, actually defining what 'justifiable need' means for CCW, and in Jeremy's case, what 'the interest of public safety' means as well. He needs Republican/conservative/Pro 2A voters more than we need him. I think NJ2AS and ANJRPC are right to put the screws to him, they will be getting more donations from me shortly---

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You're right. My wait is approaching 2 years (post from when I got denied) because I decided not to comply with the illegal form and I still have to go back before a county judge for my ID and permits. If it means others won't be subjected to additional and illegal requirements, it's a small price to pay.

 

 

You're welcome and thank you for the kind words.

 

Awesome job Jeremy!  Thanks for standing up!!!

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