| New Jersey statutory law prohibits the issuance of a firearms purchaser card or handgun purchase permit if issuance is not in the interest of the public health, safety or welfare.
The law also provides that an unsuccessful applicant may appeal and he is to receive a hearing within 30 days.
The Appellate Division examined this law in a recent decision, In the Matter of Dubov, A-0832-08T4. Dubov was denied a firearms purchaser identification card and handgun purchase permit by his local chief of police. The chief gave no reason for the denial and would not meet to discuss his reasons for the denial.
Dubov unsuccessfully appealed to the trial court. The trial court affirmed, but solely on the basis of documentary evidence.
On further appeal to the Appellate Division, Dubov argued, amongst other things, that the statute was too vague to be constitutional and, further, that he was entitled to the permits because he did not receive a timely hearing on appeal.
YOU BE THE JUDGE: Must a gun permit be issued to an unsuccessful applicant if his appeal is not heard within the time set out in the statute?
The Appellate Division determined that the statute was not vague. It also determined that the law did not permit an applicant to automatically obtain a gun permit if a determination on his appeal were delayed.
On the other hand, the Court also found that Dubov was entitled to a plenary hearing because the police chief had acted informally. At the hearing, Dubov was to testify first and be cross-examined. The chief of police should be examined and cross-examined next as to the basis for his decision. Dubov could then offer rebuttal evidence so there was an adequate record on which the appeal could be decided.
The decision points out that a courtroom can bring justice and may be the only way to protect your rights. Our Firm knows courtrooms; we have harnessed the power of the law in courtrooms to bring justice for our clients for decades in East Orange, Rutherford, Garfield, River Edge, Hackensack, Trenton, Elizabeth, Flemington, Montclair, Paterson and throughout Bergen County, Morris County, Passaic County, Essex County and Hudson County. Please contact us to discuss how we can help you protect your rights in a new lawsuit or provide a Asecond opinion@ about your pending lawsuit. There is no obligation for the initial consultation. Copyright Samuel D. Bornstein, P.A. 2008-2010. |
