Search Rutgers Law Library N.J. Court Opinions

16 IN RE APPLICATION FOR PERMIT TO CARRY A HANDGUN OF MICHAEL P. SIDERIO -- rank: 706

... need to be 'retired' but merely 'separated' from service; and N.J.S.[A.] 2C:39-6[(l)] does not otherwise define 'retired.' c. The Court below ... his pension,' which he later cashed out. Judge Porto reviewed N.J.S.A. 2C: 39-6(l) and concluded that, in order to qualify for a ... Super. 560 (2013), in perpending the references to LEOSA in N.J.S.A. 2C: 39-6(l), the judge also held 'satisfying the requirements of LEOSA ... an applicant a higher standing to . . . carry a permit under [N.J.S.A.] 2C:39-6(l).' We are bound to accept the trial judge's ... novo. Tumpson v. Farina, 218 N.J. 450, 467 (2014). N.J.S.A. 2C: 39-6(l) sets forth the qualifications for the issuance of special ... full accord with Judge Porto's statutory interpretation. In construing N.J.S.A. 2C: 39-6(l), he recognized the 'overriding philosophy of the Legislature ...

docket:	a0603-17
court:	NJ Superior Court Appellate Division
decided:	2018-11-08
status:	Unpublished
citation:
Document Size:	17938

17 STATE OF NEW JERSEY v. DANA R. JOHNSON -- rank: 703

... COURT ERRED BY FAILING TO INSTRUCT THE JURY THAT, UNDER N.J.S.A. 2C:39-6(e), IT IS NOT ILLEGAL TO POSSESS OR CARRY A ... Congress.''' In re Reglan Litig., 226 N.J. 7 Under N.J.S.A. 2C:39-6(a)(2), '[f]ederal law enforcement officers, and any other ...

docket:	a5622-18
court:	NJ Superior Court Appellate Division
decided:	2022-12-01
status:	Unpublished
citation:
Document Size:	48412

18 STATE OF NEW JERSEY v. DANIEL LOPEZ -- rank: 698

... RIGHT TO POSSESS A FIREARM WITHOUT A PERMIT PURSUANT TO N.J.S.A. 2C:39-6(e) WAS ERRONEOUS AND INADEQUATE. A. The court below erred ... premises or other land owned or possessed by [the defendant]." N.J.S.A. 2C:39-6(e). B. The court below erred by failing to specifically ... him or to transport a firearm between residences when moving. N.J.S.A. 2C:39-6(e). This statutory exception thus reads: Nothing in subsections b ... of business shall be deemed to be a fixed location. [ N.J.S.A. 2C:39-6(e).] Because N.J.S.A. 2C:39-6(e) does not explicitly place the burden of proof or ... handguns at a "dual" or "alternate" residence. In our view, N.J.S.A. 2C:39-6(e) does not provide for such an exemption, and ...

docket:	a3196-11
court:	New Jersey Superior Court Appellate Division
decided:	0000-00-00
status:	Published
citation:
Document Size:	63046

19 STATE OF NEW JERSEY v. NAFEISHA T. BROWN -- rank: 695

... 2004). Defendant's argument therefore lacks merit. Defendant also cites N.J.S.A. 2C:39-6(h) and N.J.S.A. 2C:39-6(i), which under certain circumstances exempt the possessor of a ... weapon." However, we find these statutes reinforce the opposite position. N.J.S.A. 2C:39-6(h) exempts public utility and postal service employees, while performing ... the animals are not restrained. Ibid. The other cited provision, N.J.S.A. 2C:39-6(i), exempts from a weapons charge any person who is ... nor was she using her spray on an animal. See N.J.S.A. 2C:39-6(i). The record also shows she was not using the ... prior conviction in Delaware that precluded her from exemption under N.J.S.A. 2C:39-6(i). Finally, defendant argues the State failed to prove ...

docket:	a2037-15
court:	NJ Superior Court Appellate Division
decided:	2017-03-02
status:	unpublished
citation:
Document Size:	36531

20 STATE OF NEW JERSEY v. AMR M. ELSOBKY -- rank: 670

... weapons in the manner prescribed by the appropriate military authorities." N.J.S.A. 2C:39-6(a)(1). In deciding whether to consent to PTI, the ...

docket:	a5222-12
court:	New Jersey Superior Court Appellate Division
decided:	2015-01-30
status:	Published
citation:
Document Size:	44746

21 STATE OF NEW JERSEY v. AARON G. WILLIAMS -- rank: 662

... or place where the firearms were purchased, without unnecessary deviations. N.J.S.A. 2C:39-6(e), (g). Nor was there any indication that defendant was ...

docket:	a3655-13
court:	NJ Superior Court Appellate Division
decided:	2015-12-07
status:	unpublished
citation:
Document Size:	70444

22 IN THE MATTER OF THE APPEAL OF THE DENIAL OF A RETIRED LAW EN FORCEMENT OFFICER PERMIT TO CARRY FIRE ARMS FOR A.A. -- rank: 644

... In April 2019, petitioner filed a timely application pursuant to N.J.S.A. 2C:39-6(l) for approval to carry a handgun as a retired ... Petitioner appealed that decision to the Law Division pursuant to N.J.S.A. 2C:39-6(l)(5). During an evidentiary hearing on January 3, 2020 ... petitioner did not satisfy the plain and unambiguous terms of N.J.S.A. 2C:39-6(l). On appeal, petitioner argues that (1) the trial judge ... without first having obtained a permit to do so. However, N.J.S.A. 2C:39-6(l) provides that nothing in N.J.S.A. 2C ... record, and he correctly concluded that the plain language of N.J.S.A. 2C:39-6(l) precludes petitioner from obtaining a permit to carry a ... incapacitated for the performance of his usual law enforcement duties . . . .' N.J.S.A. 2C:39-6(l). A-3319-19 5 Petitioner contends that he ...

docket:	a3319-19
court:	NJ Superior Court Appellate Division
decided:	2021-04-23
status:	Unpublished
citation:
Document Size:	12131

23 STATE OF NEW JERSEY v. MICHAEL J. GOODWIN -- rank: 636

... violate N.J.S.A. 2C:39- -5 because under N.J.S.A. 2C:39-6(e), he is not carrying it.'3 State v. Harmon, 104 N.J. 189, 198-99 (1986). 3 N.J.S.A. 2C:39-6(e) provides: A-1850-19 21 We similarly disagree with ... in the manner specified in subsection g. of this section. [ N.J.S.A. 2C:39-6(e) (emphasis added); cf. N.J.S.A. 2C:39 ...

docket:	a1850-19
court:	NJ Superior Court Appellate Division
decided:	2023-04-27
status:	Unpublished
citation:
Document Size:	51897

24 Statev. Dasean Harper -- rank: 631

... the Florida permit to claim an exemption from prosecution under N.J.S.A. 2C:39-6. At a hearing on the motion, defense counsel represented that ...

docket:	A-74-15
court:	NJ Supreme Court
decided:	2017-06-05
status:
citation:	229 N.J. 228 160 A.3d 1281
Document Size:	59559

25 STATE OF NEW JERSEY v. BRENDON M. JAMES -- rank: 631

... to possess a handgun in his own home pursuant to N.J.S.A. 2C:39-6(e), which provides, in relevant part: '[n]othing in subsections ... him per se ineligible to invoke the statutory defense under N.J.S.A. 2C:39-6(e). Thus, the A-0656-17T1 12 State argued that ...

docket:	a0656-17
court:	NJ Superior Court Appellate Division
decided:	2019-12-17
status:	Unpublished
citation:
Document Size:	29220

26 STATE OF NEW JERSEY v. GEORGE T. RODGERS -- rank: 626

... A. 18A:6-4.6, and may carry a firearm, N.J.S.A. 2C:39-6(c)(10), -5(b), (c). These statutory powers are amply ...

docket:	a3816-10
court:	NJ Superior Court Appellate Division
decided:	2013-05-03
status:	unpublished
citation:
Document Size:	43798

27 STATE OF NEW JERSEY v. ROBERTO C. TANCO-BRITO -- rank: 621

... in his possession under the place of business exception to N.J.S.A. 2C:39-6 is unconvincing. N.J.S.A. 2C:39-6(e) states that a person may keep or carry "about ...

docket:	a4218-13
court:	NJ Superior Court Appellate Division
decided:	2015-03-26
status:	unpublished
citation:
Document Size:	46052

28 STATE OF NEW JERSEY v. KHALIF LEE -- rank: 615

... exempt from prosecution for possession of a gun, pursuant to N.J.S.A. 2C:39-6(e). 2 Morillo, 222 N.J. at 108-09. Because ... believed Carter lived at the 2 The statutory exemption under N.J.S.A. 2C:39-6(e) 'applies to possessing weapons inside one's dwelling or ... violate N.J.S.A. 2C:39-5 because under N.J.S.A. 2C:39-6(e), he is not carrying it.' Id. at 121-22 ...

docket:	a2406-19
court:	NJ Superior Court Appellate Division
decided:	2021-07-09
status:	Unpublished
citation:
Document Size:	34531

29 /usr/local/share/www/libweb/collections/courts/appellate/a0483-16a0484-16.opn.html -- rank: 615

... her office; however, none of them are (continued) to -3; N.J.S.A. 2C:39-6(c)(17), which created a unit of probation officers authorized ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	81284

30 STATE OF NEW JERSEY v. DUSTIN S. REININGER -- rank: 615

... The prosecutor also read the exemption for transporting firearms under N.J.S.A. 2C:39-6(g), which requires a firearm to "be carried unloaded and ... instructed that defendant had a defense under New Jersey law, N.J.S.A. 2C:39-6(g), if: (1) he was "carrying or transporting" the firearms ...

docket:	a1833-11
court:	NJ Superior Court Appellate Division
decided:	2013-05-20
status:	published
citation:	430 N.J.Super. 517 65 A.3d 865
Document Size:	55852