Episode 285- Nappen Law Firm Does Hat Trick

Episode 285-Nappen Law Firm Does Hat Trick Also Available OnSearchable Podcast Transcript Gun Lawyer — Episode Transcript Page – 1 – of 10 Gun Lawyer — Episode 285 Transcript SUMMARY KEYWORDS Appellate Division, firearm licensing, Bergen County, mental health, due process, public health, safety, welfare, falsification, character and temperament, court reversal, pro se, legal representation, gun rights, grassroots advocacy. SPEAKERS Speaker 3, Evan Nappen, Teddy Nappen Evan Nappen 00:16 I’m Evan Nappen. Teddy Nappen 00:19 And I’m Teddy Nappen. Evan Nappen 00:21 And welcome to Gun Lawyer. Well, I’m very proud to report that my firm, particularly my brother Louis, who does our appellate work, has won yet another Appellate Division appeal out of Bergen County. Now, this is the Appellate Court reviewing the trial court in Bergen County, handling firearm licensing. And this is another win that really makes some excellent legal points here that are very significant and also points out what is been going on in that county. I want to get into this case and explain the significance and how it works here in New Jersey. Evan Nappen 01:23 So, this case just came, just got posted online by the Appellate Division and is entitled “In The Matter Of The Appeal Of The Denial Of J.L.B.’s Application For A Firearms Purchaser Identification Card And Permit To Purchase A Handgun”. (https://www.njcourts.gov/system/files/court-opinions/2026/a0464-24.pdf) So, J.L.B. appealed from an Order denying his appeal from the New Milford Police Department who denied his application for an FPIC and a PPH, a Firearm Purchaser ID Card and Permit to Purchase a Handgun. Now, on this application, J.L.B. answered “no” to the question, Have you ever been attended, treated or observed by any doctor, psychiatrist in the hospital or mental institution on an inpatient or outpatient basis for any mental or physical or psychiatric condition? In denying the application, the New Milford PD cited solely a suicidal comment made by J.L.B.’s daughter several years prior, and their inability to obtain records from the Division of Child Protection Services, the DCPP. Milford PD concluded the issuance of the permits to our client would not be in the interest of “public health, safety, or welfare”, the all inclusive miscellaneous weasel clause. Evan Nappen 03:07 J.B.L., our client, filed an appeal to the law division, which is the Superior Court in Bergen. And he did this pro se. He did that by himself. The Court denied his appeal, and the court found him disqualified, Page – 2 – of 10 pursuant to (N.J.S.) 2C:58-3(c), for knowingly falsifying information on the application pursuant to 2C:58-3(c)(5). and for lacking character and temperament necessary to be entrusted with a firearm. The Appellate Court, upon careful review, reversed and remanded for a hearing before a different trial judge because they found there is no evidence in the record demonstrating that J.L.B. knowingly falsified information on his application. Further, that J.L.B. was not given notice of the 3(c)(5) disqualifier until after he had already presented his closing argument, in violation of his rights to due process. Evan Nappen 04:18 Additionally, the trial court failed to address whether the alleged falsification was made knowingly, as required by the statute. Very important, folks. Furthermore, with respect to N.J.S.A. 2C:58-3(c)(5), the Court’s reasoning provided no meaningful explanation as to why the issuance of an FPIC to J.L.B. would be contrary to public health, safety, or welfare. So, one GOFU right out of the box is don’t go Pro Se to Bergen County on an appealable license. Anytime you’re dealing with the courts, you want to have an attorney. Okay? That’s number one. Now, even though he got denied, fortunately, he hired us to do the appeal. And in doing this appeal, the Appellate Court has reversed his denial, sent it back to the court, and required that it be heard by a different judge. Evan Nappen 05:21 Let’s take a look at some of the facts here in this case. It’s very interesting, particularly how the court decided it, because it can have impact on other cases. So, the Court gathered the following facts from the trial court’s hearing. J.L.B. is a certified public accountant with no criminal history. He has primary custody of his seven children, who range from six to 16. In April of 2020, his daughter, who was nine years old, sent a text message to her teacher, saying, “I want to die” and “I spent four days with dad, and four days with my mom, and I keep switching until everything is settled. But I can’t sleep without knowing if mommy is okay and safe.” The message led to the daughter receiving several months of therapy. The DCPP was involved in the family’s life on three different occasions, each time, deeming the allegations “Not Established”. Evan Nappen 06:19 J.L.B.’s ex-wife testified on ...