Hudson County NJ Gun Permit Appeal Lawyers
This client, referred to as PR, is a resident of Hudson County. PR previously applied for, and was granted, a New Jersey Firearms Purchaser Identification Card (NJ FPIC). Shortly thereafter, PR applied for a permit to carry (PTC) handgun in New Jersey and was denied due to lacking the essential character of temperament to be entrusted with a firearm and that it was not in interest of the public, health, safety, or welfare pursuant to N.J.S.A. 2C:58-3(c)(5).
The State relied upon an allegation that PR had lacked the essential character of temperament due to a disagreement with law enforcement on how to make payment of the filing fees. This interaction did NOT result in an arrest of PR, did NOT result in PR being subject to a Temporary Extreme Risk Protective Order (TERPO), nor did it result in any other adverse consequences apart from PR being denied their NJ PTC. Notably, the same police department that decided to issue PR a NJ FPIC decided to DENY issuing PR a NJ PTC, citing concerns over disagreeing with policy. PR also had previously been issued a permit to purchase firearms and lawfully possess firearms prior to this disagreement. No firearms were used or even present when this disagreement took place.
PR timely appealed to the decision to deny a NJ PTC and after several court appearances, the matter was brought to a bench trial, where the Judge in Hudson County presided over the matter. Testimony revealed that PR was not subject to any of the per se, or automatic reasons, to be denied a permit to carry. PR is NOT a convicted felon, NOT convicted of any misdemeanors or disorderly offenses involving domestic violence, NOT convicted of any ordinance violations, and PR has never been arrested for allegedly committing any criminal offenses. In addition, PR was not ever subject to a red-flag or TERPO, never named as a Defendant in a Temporary Restraining Order (TRO), no issues concerning mental health, substance abuse, or physical disability that would present cause for concern to issue him a permit to carry. In fact, PR completed all of the additional prerequisites necessary to be issued a permit to carry but was denied due to a verbal disagreement that did not result in any bodily injury, property damage, or threats of harm.
Hudson County Gun Permit Appeal Hearing and Decision – Tormey Law Wins
At the conclusion of the hearing, the court issued an opinion and order which REVERSED the chief of police’s decision to deny PR his permit to carry a handgun and signed an Order which entitled PR to receive a permit to carry a handgun issued by the State of New Jersey. The court, in essence, found that the mere disagreement with how to pay filing fees to obtain a permit did not rise to the level that PR should be disqualified from owning firearms and that the disagreement with policy in this case did not result in a finding that PR lacked the essential character of temperament to be entrusted with a firearm.
This case highlights the extent to which some police departments are willing to go to to deny applicants their constitutional right to carry a handgun outside of their homes lawfully in the State of New Jersey. This case also serves as a cautionary tale that anyone can be at risk for losing their right to keep and bear arms and that something as innocuous as a verbal disagreement can put your second amendment rights at risk, even if you had permits issued to you in the past. Even if disagreements with law enforcement didn’t result in an arrest, bodily injury, property damage, or being named as a Respondent in a TERPO. Lastly, this case demonstrates the value an attorney’s guidance can provide when the government wants to put your second amendment rights at risk. Having an advocate/attorney in your corner who knows the case law, state statutes, court rules, and how to act in court can make the difference between someone having their second amendment rights potentially extinguished or intact.
Legally Reviewed By:
Travis J. Tormey, Esq.
Criminal Defense Attorney | New Jersey
