False Statements in Gun Permit Applications (Part 1)

by | Jan 18, 2024 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County

On December 22, 2023, a three-judge appellate panel decided the Bergen County case of In the Matter of the Appeal of the Denial of R.W.T.’s Application. The principal issue under N.J.S.A. 2C:58-3 concerned whether Petitioner could be denied a gun permit based on false statements in his application.

Judge Susswein wrote for the Court in relevant part: Petitioner argues the falsification disqualification provision runs afoul of Bruen because “at the time of our Nation’s founding, a citizen could be the biggest liar in the country, yet still enjoy the right to keep and bear arms.” We note at the outset that petitioner’s framing of the argument misconstrues the falsification disqualification feature. The provision does not account for, much less depend on, the applicant’s reputation for veracity, but rather looks at the truthfulness of the information within the four corners of the application. Although a falsification must be made knowingly to trigger disqualification, this statutory provision focuses on the application, not the applicant.

After carefully reviewing the text and underlying rationale of Bruen, we hold the falsification disqualification provision survives Second Amendment scrutiny notwithstanding that we cannot point to a historical analogue for it. We need not cite historical precursors in this instance because the Bruen Court has already clarified that “shall-issue” licensing regimes are permitted under the Second Amendment so long as they contain “narrow, objective, and definitive standards to guide officials in determining whether applicants were ‘in fact, “law-abiding, responsible citizens.”‘” State v. Wade, (App. Div. 2023) (quoting Bruen, 142 S. Ct. at 2138 n.9), leave to appeal denied, ___ N.J. ___ (2023). The Bruen Court recognized forty-three states have shall-issue licensing regimes, stressing that “nothing in our analysis should be interpreted to suggest the unconstitutionality of those regimes.” Bruen, 142 S. Ct. at 2138 n.9; see Bruen, 142 S. Ct. at 2161 (Kavanaugh, J., concurring) (“The Court’s decision does not prohibit States from imposing licensing requirements for carrying a handgun for self-defense.”); see also M.U., (“Bruen emphasized that its holdings did not effectuate a wholesale invalidation of the various states’ gun licensing and permit systems.”).

To determine whether a falsification was made knowingly, courts would almost certainly have to conduct a hearing. At that hearing, the applicant could demonstrate that he made an honest mistake in providing false information.

Excellent rating
Based on 288 reviews
Google star 1Google star 2Google star 3Google star 4Google star 5
Google star 1Google star 2Google star 3Google star 4Google star 5
Especially given the situations we had to work under right now with COVID-19, I am glad to have had Fred Sisto represent me. The outcome was much better than anticipated, and he always ensured to maintain proper communication, including not going any further until you 100% understood what's going on, and made a point to keep me updated as much as possible with any of the incoming changes due to quarantine (which was confusing for me at first). Always has your best interests in mind, and an all-around great attorney and person.
Mel C
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred is a detail minded attorney that works tirelessly to get the job done right. If you need help Fred knows how to take care of your issues. Fred has years of experience and will work hard for justice for his clients. Fred is easy to talk to and has great communication skills!
Gibson H
Google star 1Google star 2Google star 3Google star 4Google star 5
We retained Fred to represent our daughter. He was amazing from our first phone call. He led us through the process and assured us that all would be taken care of. He was absolutely wonderful with our daughter. We couldn’t have asked for a better outcome. Thank you Fred from the bottom of our hearts. If you need a criminal attorney Fred Sisto Esq. is your guy. Trust me you won’t be disappointed.
Sherry F
Google star 1Google star 2Google star 3Google star 4Google star 5
I have sought out Mr. Sisto for two traffic related cases. His hard work and dedication to getting results for me was very evident from the get go. He was very informative throughout the entire process of working on my cases and during the court sessions as well. Very professional and very friendly. If anyone in the area is looking for a very good and quality representation, Mr. Sisto is a go to.
Brett S
Google star 1Google star 2Google star 3Google star 4Google star 5
I was very content with Fred’s services. He was extremely communicative throughout the entire process and I am happy with our results.
Lidia D
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred Sisto is a great attorney. Highly recommend. He is very trustworthy, professional, and has great communication skills, one being that he is very down to earth and makes you feel comfortable in all possibilities. I am very happy I went with him to represent me, we received the best possible outcome for our matter, while he was honest with all possibilities along the way.
Mike A
Google star 1Google star 2Google star 3Google star 4Google star 5
Even though I didn't end up using Fred; I had the best experience from him out of anyone I called for a consultation. He was very clear and consise, made sure I understood my options for the situation I was faced with. He ultimately gave me the confidence to go to court pro se for my case. I also get weekly emails now that are extremely helpful and include a wealth of information for goings on around my area.
Warren C
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred's services has been more than exceptional. He provided updates on my case. He got me one of the best outcomes i could have asked for, and has represented me twice with amazing results. Fred can work his magic on your case just as he did for me
Chris K
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred is an excellent attorney. Even though we did not initiate the official pleading process, he deep dived into researching and sorted out my questions without any consultation fee. I highly recommend him!
Qianru Z
Google star 1Google star 2Google star 3Google star 4Google star 5
Great service
Kelly G