WCNYH

Longshoreman’s Registration Revoked for Illegal Possession of Handgun

July 26, 2021

The Waterfront Commission revoked the permanent longshoreman registration of Kenneth M. Brown, Jr., 33, of Matawan, New Jersey, following a hearing before an Administrative Law Judge (ALJ) in May 2021. The ALJ found that Brown was convicted upon his plea of guilty of a high misdemeanor, now called a crime of the second degree, of the charge of Unlawful Possession of a Weapon, Handgun without a Permit, in violation of N.J.S.A. § 2C:39-5B(1), in the Superior Court of New Jersey, Monmouth County. Mr. Brown was sentenced to one (1) year probation. In that case, Mr. Brown was stopped for speeding, and during the motor vehicle stop, a Ruger LCP .380 handgun loaded with six (6) rounds of ammunition was observed in the vehicle's glove compartment. Mr. Brown had a permit the purchase the aforementioned firearm, but no permit to carry.

The ALJ also found that Mr. Brown had also committed fraud, deceit, or misrepresentation in his original Request for Prequalification to Make Application to the Longshoreman's Register, in that he falsely responded to Question 42 that he had never used, tried, or experimented with a controlled substance, including marijuana. Mr. Brown admitted during his hearing that he knowingly lied when he answered that question, concealing his prior marijuana use from the Commission.

The ALJ determined that Mr. Brown was not a credible witness based upon his demeanor and inconsistent responses to questions during his testimony at the hearing. The ALJ found that based on the aforementioned conviction and instance of fraud, deceit, or misrepresentation, Mr. Brown's presence at the piers would constitute a danger to the public peace of safety, and as such, recommended revocation of his permanent longshoreman registration.