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Thursday, June 18, 2015

IN THE MATTER OF THE DENIAL FOR A NEW JERSEY FIREARMS PURCHASER IDENTIFICATION CARD AND PERMIT TO PURCHASE A HANDGUN BY Z.K. A-5851-12T1

IN THE MATTER OF THE DENIAL FOR A NEW JERSEY FIREARMS PURCHASER IDENTIFICATION CARD AND PERMIT TO PURCHASE A HANDGUN BY Z.K. 
A-5851-12T1 
Appellant applied for a firearms purchaser identification card and a permit to purchase a handgun. The local police department (East Brunswick) denied both because of his refusal to complete an additional form required by the department of all gun permit applicants. Appellant requested a hearing in the Superior Court. Finding that the additional form did not "add[] anything to the [Superintendent of the Division of State Police's] form or the requirements of Chapter 58," the court upheld the denial of the permits based on appellant's failure to complete the local form. 

Because the court concludes that the plain meaning of subsections e and f of N.J.S.A. 2C:58-3 prohibits local police departments from creating their own forms to supplement the form promulgated by the Superintendent of the Division of State Police pursuant to N.J.S.A. 2C:58-3e, it reverses.