Jersey City’s extra forms for getting purchase permits are ruled illegal. The plaintiff filed an application using only the required forms, but the police denied him arguing that his non-compliance with the additional extra lawful requirements made him “aÂ ‘threat to public health, safety and welfare’Â and had not demonstrated ‘good repute within the community’.” The Court rejected that argument, and more importantly, rebuked the lower court who played the typical Jersey game of not allowing gun owners to make a proper case. From the case:
McGovernÂ appearedÂ proÂ seÂ atÂ theÂ hearing.Â TheÂ judgeÂ repeatedly declined to allow him to present evidence supportingÂ his attempted legal argument that Jersey City had demandedÂ unauthorized informationÂ asÂ partÂ ofÂ theÂ application.Â TheÂ judgeÂ also would not allow McGovern to cross-examine Brusgard aboutÂ his qualifications to determine who may receive a handgun permitÂ or hisÂ knowledge ofÂ the lawÂ inÂ that regard.Â The judgeÂ statedÂ that the only purpose of the hearing was for McGovern to proveÂ he was not disqualified under the N.J.S.A. 2C:58-3 for a handgunÂ permit.Â TheÂ AssistantÂ ProsecutorÂ representingÂ JerseyÂ CityÂ also repeatedly objected to any attempt by McGovern to developÂ information pertinent to his legal positions and arguments.
InÂ this case, McGovern argued that the court had in fact reversed the burden, placing it on him to prove he was qualified rather than on the state to prove he was unqualified. Eventually we need to attack New Jersey’s entire regulatory regime for firearms, but for now this is a significant victory, given how rampant abuses like this are in the Garden State.