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On March 21, 2019, the New Jersey Supreme Court granted certification of a carry permit appeal In Re Application for Permit to Carry a Handgun of Calvin Carlstrom , which raises three important issues:
1. Does New Jersey’s “justifiable need” standard for issuance of a permit to carry a handgun constitute an unconstitutional deprivation of a fundamental, individual right, generally and as applied to petitioner?
2. Does N.J.S. 2C:58-4.d. violate separation of powers under N.J. CONST. Art. III, § 1 and U.S. CONST. Amends. V and XIV by mandating that the judiciary perform an executive function?
3. Is Due Process and fundamental fairness denied when one is not afforded a hearing on a firearms licensing application?
Petitioner Calvin Carlstrom is a security guard primarily hired to protect movie theaters. His duties include the protection of life and property. Carlstrom’s local police chief approved Carlstrom’s carry permit application, but the Union County Superior Court denied the application without a hearing.
After the New Jersey Appellate Division upheld the trial court’s decision, Carlstrom petitioned the New Jersey Supreme Court to review his case.
Carlstrom is a well-qualified and trained professional. He is an honorably-discharged/retired U.S. Marine and SORA card-holder. He is NRA-qualified in comprehensive pistol use, certified in “Low Light/No Light Level 1” ballistics, and trained in “Active Shooter” scenarios.
Carlstrom is represented by the law firm of Evan F. Nappen, Attorney at Law, PC. The Appellate Division appeal and Supreme Court petition were filed by Louis P. Nappen, Esq. of the Firm.
- Evan F. Nappen Attorney At Law, P.C.
- Campaign Owner
- L Nappen
- Matter Manager
NJSC limits certification to Due Process hearing issueUpdate posted by Evan F. Nappen Attorney At Law, P.C. at 07:02 pm
On May 7, 2019, the New Jersey Supreme filed a "Corrected Order" limiting the certification to the issue of "whether applicant was entitled to a hearing in the Superior Court on his application for a permit to carry a handgun." This remains an important Due Process issue for all people