Peter Santilli
According to an article published by AmmoLand (Shooting Sports News), today the Superior Court of New Jersey ruled that New Jersey Towns can no longer add requirements to the gun license process. After 1000 people had already submitted passport photo’s with their firearms applications a man named Jeremy Perez decided to challenge the police department of Paterson NJ. His case was immediately denied by the Superior (County) Court and that’s when Mr. Perez hired a law firm to represent him.
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. -AmmoLand
Excerpt From Judge Nappen’s 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.”
Today on the Pete Santilli Show Charles Heller, who founded JPFO.ORG (Jews For the Preservation of Firearms), stated that “we should never believe the idea that we are losing the fight for our right to bear arms because in reality it is exactly the opposite. More and more the people in local communities are challenging unconstitutional laws and ordinances and winning.”
If you would like to read more about this story please click here to view the original article on AmmoLand.
Wow New Jersey did something right for a change. Must have been a mistake.