Interesting court case in NJ

[Arizona_Mike]

License applicant prevailed on 4 or 5 issues:

• Applicant is not required to fill out additional city forms not required and even prohibited by state law.
• Asserting his right to not fill out these forms does not indicate that he is a "threat to the public health, safety and welfare of the community" or reflect poorly on "his character".
• Recording his interview with the police is legal and not a sign of "bad character".
• The burden of proof is on the Police to determine if the circumstances of decade old charges from Florida (with no disposition in the record) would meet the NJ statutory criteria for rejection.
• The applicant must cooperate with police requests for information about those old charges.

It seems mostly reasonable to me except that the cooperation the police were demanding was not merely answering questions truthfully but was that the applicant provide (and presumably pay for) certified dispositions from the Florida courts.

This is a step in the right direction but demonstrates the importance of shall-issue and time limits.

https://www.judiciary.state.nj.us/opinions/a1282-12.pdf
http://www.washingtonpost.com/news/...w-jersey-appellate-court-on-handgun-licenses/

Mike

 

[Willie Sutton]

This is very good news in NJ.

Evan Nappen is the "Gura of NJ", so the litigant was well represented.

Great outcome.


Willie

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