New Jersey Permit to Carry Handgun Granted after Supreme Court Remand
April 17, 2020
ELIZABETH, NJ – After his unanimous NJ Supreme Court victory and a remand hearing on the merits, Calvin Carlstrom has been granted his New Jersey Permit to Carry a Handgun.
Last January -- overturning both County Superior Court and Appellate Division decisions -- the law firm of Evan F. Nappen, Attorney at Law successfully petitioned the NJ Supreme Court for an Opinion mandating that people must be provided with hearings whenever a court contemplates denying a handgun carry permit, and that such hearings must be held within 30 days.
As part of that Opinion, the New Jersey Supreme Court remanded Carlstrom’s matter back to the Law Division to conduct a hearing on the merits of Carlstrom’s application. On remand, Carlstrom’s attorney, Louis P. Nappen, Esq., supplied documents showing Carlstrom’s “justifiable need” for the permit, and the Borough of Roselle Park (whose Police Chief originally approved the issuance) did not object to the issuance.
Pursuant to Union County Superior Court Judge William A. Daniel’s Order, Carlstrom’s permit provides that he may carry a handgun in performance his duties as an armed security guard for his employer.
Under New Jersey’s governing statute, carry permit applicants are only afforded hearings when police chiefs deny applications. The statute is silent whether a judge must provide hearings when Courts intends to deny applications that have been approved by police chiefs.
Carlstrom’s application, after approval from his police chief, was denied by the court without him ever being provided a hearing.
The New Jersey Supreme Court, however, held in its Carlstrom’s Opinion that:
“[I]f a court has any questions regarding the applicant or his or her permit to carry application, it must hold a hearing to address those questions. The court should not simply deny the application.”
“[A] hearing must be held whenever the court contemplates denying a handgun carry-permit[.]”
This is believed to be the first pro-gun rights decision ever issued unanimously by the New Jersey Supreme Court.
Attorney Louis Nappen said, “Mr. Carlstrom helped countless people receive Due Process in the future, and Mr. Carlstrom can now perform his duties to make New Jersey safer.”