NJ court violence allegations enough to deny gun permit

[Root]

http://www.nj.com/politics/index.ssf...be_denied.html

TRENTON — A New Jersey appeals court ruled Wednesday that a Monmouth County man can legally be denied a gun permit because he was accused of domestic violence in the past, even though he was never convicted.

A three-judge appellate panel ruled that both the Aberdeen police chief and a state Superior Court judge were within their authority under New Jersey law to reject the application of a man — identified only as Z.L. — to buy a handgun and keep it in his home.

Z.L. had applied for a permit in 2013, but a background check revealed that he was arrested in 1998 on a domestic violence charge and that police had been called to his Aberdeen home on five other occasions, according to court papers.

The police chief in the Monmouth County township denied the application though Z.L. was acquitted in 1998, the papers say. The chief said the man's "past history of domestic violence" may be enough to "indicate a public safety concern," the documents say.

Z.L. appealed, and at the trial, he said he struck his wife in the 1998 incident but stressed that it was accidental and that he was acquitted, according to court papers. But Superior Court Judge Ronald Reisner in Monmouth County upheld the chief's denial, saying that Z.L.'s home was "not the place for a firearm."

Z.L. appealed that decision, too. But the appellate panel Wednesday ruled that New Jersey's gun control laws says a person can be denied firearms purchaser identification cards and permits if there is a possible danger "to public health, safety, and welfare."

Judge John Kennedy wrote that Z.L. has shown "the potential for violent reaction."

"The presence of a firearm in such a household enhances the potential for such a reaction to become lethal," Kennedy wrote for the panel.

"Even if an applicant was previously charged with an offense, but not convicted, in a later permit hearing the chief may still present to the court the evidence underlying the charges," Kennedy added. "The 1998 incident was not isolated or aberrational, as appellant claims."

Evan Nappen, Z.L.'s attorney, said the decision is not only disappointing but it sets a dangerous precedent.
"This would not exist anywhere else in the country," said the Eatontown-based attorney. "If you don't have a conviction or a restraining order, and if all you have are mere allegations, you don't lose your constitutional right to possess a firearm."
Nappen said he may appeal the case to the state Supreme Court or appeal directly to the federal courts.

[phill4paul]

Can cops with abuse allegations still carry?

[Root]

Can cops with abuse allegations still carry?

Of course they can still carry. Cops are part of the protected class.

[Spikender]

I guess this guy forgot he lives in New Jersey.

[Weston White]

I guess he will just have to resort to the use of a blunt or sharp object on his next killing spree. ...Wait, when did he perform his first one?

[acesfull]

Soon baseball bats and carving knives will be outlawed for alleged crimes of violence, remember this occurred in NJ, a state that ranks right behind good old New York in terms of being anti 2A..

I concur with Mr.Napier, horrible precedent is being applied on the issue..

My .02

Acesfull

[Anti Federalist]

Oh, how I remember the pages and pages of bureaucratic bull$#@! one had to endure to exercise your privilege to own a firearm in New Jerkey.

Get out folks...get out

[Root]

67% in NJ.com poll think it's wrong for this guy to be denied a permit.
http://www.nj.com/politics/index.ssf...commented_news