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In the Matter of the

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION


October 11, 2012

IN THE MATTER OF THE APPLICATION OF ALEXANDER EVEN-ESH FOR A PERMIT TO CARRY A HANDGUN.

On appeal from the Superior Court of New Jersey, Law Division, Middlesex County.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted September 4, 2012

Before Judges Alvarez and Ostrer.

Alexander Even-Esh appeals the March 29, 2011 denial of his application to renew a permit to carry a handgun. We are advised by counsel, and the State does not dispute, that Even-Esh has moved from Middlesex County, the county where he resided when he was denied the permit to carry. Even-Esh now lives in Monmouth County. Unfortunately, the statutory scheme for the issuance of gun permits calls for applicants to reside in the county in which they seek permission. N.J.S.A. 2C:58-4(c). Therefore Even-Esh must reapply in Monmouth County.

Although a consequence of this process will be that the new application may require him to disclose the fact he was denied permission in Middlesex County, the denial was clearly based on neutral reasons not unique to Even-Esh. He applied for renewal of his permit to carry for general protection while attending to his business, located in a high-crime area in Irvington. The Law Division judge in Middlesex County did not consider him to have established a "justified need" as required by statute, see N.J.S.A. 2C:58-4(c), opining that Even-Esh's reason was insufficient given the statutory language.

Matters are dismissed as moot where the result would be nothing more than an advisory opinion, having no practical effect on the dispute. Greenfield v. N.J. Dep't of Corr., 382 N.J. Super. 254, 257-58 (App. Div. 2006). Accordingly, the appeal is dismissed.

20121011

© 1992-2012 VersusLaw Inc.



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