Search Rutgers Law Library N.J. Court Opinions

16 IN THE MATTER OF THE DENIAL OF THE APPLICATION FOR ONE PERMIT TO PURCHASE A HANDGUN BY J.S -- rank: 744

... firearms, and voiding his firearms purchaser identification card pursuant to N.J.S.A. 2C:58- 3(c)(5) and (f).1 Faulting the trial court for ... in 2019, denied appellant's gun-permit application pursuant to N.J.S.A. 2C:58-3(c)(5), which prevents the issuance of a handgun permit ... the interest of public health, safety or welfare, pursuant to N.J.S.A. 2C:58-3(c)(5) for [appellant] to be granted a [p]ermit ... owned or possessed, found him to be 'disqualified' pursuant to N.J.S.A. 2C:58-3(c)(5), and voided A-1457-20 9 his firearms purchaser identification card due to that disqualification pursuant to N.J.S.A. 2C:58-3(f). This appeal followed. II. The scope of our review ... Div. 2004). Thus, a trial court's finding, pursuant to N.J.S.A. 2C:58-3(c)(5), that it would not be in the ...

docket:	a1457-20
court:	NJ Superior Court Appellate Division
decided:	2022-05-03
status:	Unpublished
citation:
Document Size:	32847

17 RETURN OF WEAPONS IN THE MATTER OF R.B. -- rank: 740

... a person who would be eligible to maintain firearms under N.J.S.[A.] 2C:58-3(c). The defendant argues——strike that. The State argues ... ibid. , as a basis for precluding possession of firearms under N.J.S.A. 2C:58-3. We observed: Although the domestic violence com�plaint filed against ... complainant appeared coerced to with�draw�her domestic violence complaint); N.J.S.A. 2C:58-3(c). In this regard, the State argues that [the wife ...

docket:	a2211-08
court:	superior court appellate division
decided:	2010-11-04
status:	unpublished
citation:
Document Size:	63701

18 IN THE MATTER OF SEIZURE OF FIREARMS, REVOCATION OF FIREARMS ID CARD, AND FORFEITURE OF RIGHT TO OWN FIREARMS BY GREEN BROOK TOWNSHIP AGAINST T.F. -- rank: 733

... not have risen to the level of domestic violence under N.J.S.A. 2C:58- -3(c)(6),[3] N.J.S.A. 2C:58-3(c)(8) still applies. [Appellant] had his firearm seized pursuant ... THE TRIAL COURT'S DECISION STEMMED FROM A READING OF N.J.S.A. 2C:58-3(c)(8) THAT FAILED TO ACCOUNT FOR ALL OF THE ... arguments, which are not a part of this appeal. 3 N.J.S.A. 2C:58-3(c)(6) prohibits the return of weapons '[t]o any ... community' may obtain a firearm, subject to certain statutory 'disabilities[.]' N.J.S.A. 2C:58- 3(c). Accordingly, '[n]o handgun purchase permit or [FPIC] shall ... to the [PDVA] and whose firearm has not been returned[.]' N.J.S.A. 2C:58-3(c)(8). Appellant argues the Law Division judge interpreted ...

docket:	a1334-20
court:	NJ Superior Court Appellate Division
decided:	2022-02-04
status:	Unpublished
citation:
Document Size:	17555

19 IN THE MATTER OF THE REVOCATION OF G.G.'S1 FIREARMS PURCHASER IDENTIFICATION CARD AND COMPELLING THE SALE OF HIS FIREARMS -- rank: 731

... FPIC) and compelling the sale of his firearms pursuant to N.J.S.A. 2C:58- 3(c)(5). The court found that permitting G.G. to ... his history of depression and suicidal ideation. G.G. contends N.J.S.A. 2C:58-3(c)(5) is unconstitutional in light of Bruen2, and the ... s FPIC and compel the sale of his weapons under N.J.S.A. 2C:58-3(c)(5), as not in the interest of public health ... compel the sale of his firearms and ammunition pursuant to N.J.S.A. 2C:58-3(c)(5). The trial court noted it was not disqualifying G.G. based on N.J.S.A. 2C:58-3(c)(3) because it was not convinced by a preponderance ... Or Welfare' Constitutes An Unconstitutional Balancing Test Per Bruen. C. N.J.S.A. 2C:58-3(C)(5)'s Denial Of People's Second Amendment ...

docket:	a1626-21
court:	NJ Superior Court Appellate Division
decided:	2024-02-05
status:	Unpublished
citation:
Document Size:	36794

20 In re Application for Permit to Carry a Handgun of Calvin Carlstrom -- rank: 731

... not subject to any of the disabilities set forth in [ N.J.S.A. 2C:58-3(c)(1) to (10)],” N.J.S.A. 2C:58-4(c); see also N.J.S.A. 2C:58-3(c) (“No person of good character and good repute ... the interest of the public health, safety or welfare.” N.J.S.A. 2C:58-3(c)(5). In addition to demonstrating that he or she is not subject to one of N.J.S.A. 2C:58-3(c)’s restrictions, the applicant must also demonstrate to ... not subject to any of the disabilities set forth in [N.J.S.A. 2C:58-3(c)], that he is thoroughly familiar with the safe handling ...

docket:	a-63-18
court:	NJ Supreme Court
decided:	0000-00-00
status:
citation:
Document Size:	33354

21 IN THE MATTER OF P.L. -- rank: 729

... identification card or permit to purchase a handgun pursuant to N.J.S.A. 2C:58-3, or a permit to carry a handgun pursuant to N ... purchasing, possessing, or receiving firearms and/or ammunition pursuant to N.J.S.A. 2C:58- 3(c)(10). The Law Division judge conducted a two-day ... from persons who legally possess them.' Id. at 401 (citing N.J.S.A. 2C:58-3(f) (providing for revocation of firearm purchaser identification card if ...

docket:	a2813-21
court:	NJ Superior Court Appellate Division
decided:	2023-06-20
status:	Unpublished
citation:
Document Size:	38197

22 STATE OF NEW JERSEY v. M.D. -- rank: 717

... the State's other two arguments concerning the application of N.J.S.A. 2C:58-3(c)(5), and N.J.S.A. 2C:25-21 ... interest of the public health, safety or welfare, pursuant to N.J.S.A. 2C:58-3(c)(5), which does not require a probable cause finding ... if the court determines the owner is unfit pursuant to N.J.S.A. 2C:58-3(c). 6 Applying these standards, we conclude that once the ... Thus, a summary hearing should have been held, requiring a N.J.S.A. 2C:58-3(c) disabilities analysis to determine if defendant's possession of ... forfeiture petition is based upon the PVDA, and not a N.J.S.A. 2C:58-3(f) application. Lastly, in light of our ruling, we need ... likely to cause annoyance or alarm [.]" 5 The reference to N.J.S.A. 2C:58-3(c) was added by 2003, c.277, sec 4, ...

docket:	a1468-14
court:	NJ Superior Court Appellate Division
decided:	2015-09-10
status:	unpublished
citation:
Document Size:	31381

23 STATE OF NEW JERSEY v. R.A. -- rank: 717

... rendered him unfit pursuant to one of the provisions of N.J.S.A. 2C:58-3. III. Defendant having waived his right to a hearing stipulates ... history with the courts' and 'serious mental health history.' Citing N.J.S.A. 2C:58-3(c)(5), the judge determined defendant was not entitled to ... COMPELLING EVIDENCE PRESENTED THAT REFUTED THE DISQUALIFICATIONS SET FORTH IN N.J.S.A. 2C:58-3(c)(3). A. THE TRIAL COURT FAILED TO RECOGNIZE THAT ... EVIDENCE REGARDING [DEFENDANT] OVER- COMES ANY DISQUALIFICATION SET FORTH IN N.J.S.A. 2C:58-3(c)(3). A-4104-16T3 9 B. [DEFENDANT]’S ... SHOULD NOT BE DISQUALIFIED FROM POSSESSING AN FPIC PURSUANT TO N.J.S.A. 2C:58-3(c)(5). C. SINCE [DEFENDANT]’S FORFEITURE OF HIS ... expert psychological evidence, which overcame any disqualification set forth in N.J.S.A. 2C:58-3(c)(3), is misplaced. As the State counters, the ...

docket:	a4104-16
court:	NJ Superior Court Appellate Division
decided:	2018-11-20
status:	Unpublished
citation:
Document Size:	28441

24 IN THE MATTER OF JUSTIN GUERRERA1 APPEAL OF THE DENIAL OF AN APPLICATION FOR A FIREARM PURCHASER IDENTIFICATION CARD -- rank: 708

... failure to show justifiable need—he was denied pursuant to N.J.S.A. 2C:58-3(c)(5) and (c)(1). 3 Appellant's August 19 ... was not dated but was postmarked September 1, 2020. 8 N.J.S.A. 2C:58-3(c)(5) has been updated by A4769 to read, '(5 ... a FPIC or permit to be issued to appellant per N.J.S.A. 2C:58-3(c)(1) and (5). On September 29, 2021, the judge ... that appellant's Pennsylvania infractions barred his application pursuant to N.J.S.A. 2C:58-3(c)(1), which states that a person shall be denied ... possessing a weapon at the time of the offense. [9] N.J.S.A. 2C:58-3(c)(1). The judge wrote in her amplification: Prior to ... that he had a felony conviction, a statutory bar per N.J.S.A. 2C:58- 3(c)(1). [11] On appeal, appellant raises the following ...

docket:	a0220-21
court:	NJ Superior Court Appellate Division
decided:	2023-01-24
status:	Unpublished
citation:
Document Size:	21600

25 IN THE MATTER OF THE SEIZURE OF WEAPONS BELONGING TO R.M. -- rank: 708

... N.J.S.A. 2C:25-21(d)(3) and N.J.S.A. 2C:58-3(c). Englewood also objected to returning the weapon because respondent ... but to get screened….' The court dismissed the complaint under N.J.S.A. 2C:58-3(c)(3), finding respondent did not suffer from: a physical ... also found the State had not met its burden under N.J.S.A. 2C:58-3(c)(5), because it had not proven respondent was a ... contrary to the public's health, safety and welfare under N.J.S.A. 2C:58-3(c)(5). It also argues the trial court erred by finding respondent was not disqualified under N.J.S.A. 2C:58-3(c)(3) because, following his statement about suicide, he was ... not subject to any of the disabilities set forth in N.J.S.A. 2C:58-3(c) and finds that the complaint has been dismissed ...

docket:	a1029-17
court:	NJ Superior Court Appellate Division
decided:	2018-11-19
status:	Unpublished
citation:
Document Size:	32322

26 /usr/local/share/www/libweb/collections/courts/appellate/a4042-17.opn.html -- rank: 708

... a handgun purchase permit or firearms purchaser identification card (FPIC). N.J.S.A. 2C:58-3(c)(1). Put differently, a criminal conviction of any crime ... obtaining a permit to purchase a handgun or a FPIC. N.J.S.A. 2C:58-3(c). This ruling was particularly appropriate in view of the ... of firearms and a criminal conviction do not mix.' (citing N.J.S.A. 2C:58-3(c)(1))). Cayuse's remaining arguments involve its attempts to ... pursuant to N.J.S.A. 2C:58-2 and N.J.S.A. 2C:58-3. See State v. McInerney, 450 N.J. Super. 509, 512 ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	38936

27 IN THE MATTER OF THE APPEAL OF THE DENIAL OF ROBERT GOWOREK'S APPLICATION FOR A FIREARMS PURCHASER IDENTIFICATION CARD -- rank: 697

... rejected the State's contention Goworek knowingly falsified his application, N.J.S.A. 2C:58-3(c)(3). The court also rejected the State's contention ... in the interest of the public health, safety or welfare,' N.J.S.A. 2C:58- 3(c)(5). However, the trial court ruled Goworek was ineligible for an FPIC or purchase permit pursuant to N.J.S.A. 2C:58-3(c)(1) because he was previously convicted of driving while ... of one year could be a basis for disqualification under N.J.S.A. 2C:58-3(c)(1). The parties do not dispute the New York ... hereby GRANTED because he has been convicted of a crime, N.J.S.A. 2C:58- 3(c)(1); and it is further … ORDERED that Robert ... statute authorizing forfeiture of firearms; the court below erred because N.J.S.A. 2C:58-3(f) provides no basis to compel sale (i.e., ...

docket:	a2399-21
court:	NJ Superior Court Appellate Division
decided:	2024-03-01
status:	Unpublished
citation:
Document Size:	20542

28 IN THE MATTER OF THE APPEAL OF DENIAL OF A FIREARMS PURCHASER IDENTIFICATION CARD AND PERMIT TO PURCHASE HANDGUNS FOR C.P. -- rank: 697

... in drunk driving and domestic violence incidents and relied on N.J.S.A. 2C:58-3(c)(5), prohibiting the issuance of a FPIC or PPH ... the public health, safety, or welfare within the meaning of N.J.S.A. 2C:58-3(c)(5). The judge acknowledged that his 'primary responsibility [was ... Was Not a 'Habitual Drunkard' Under Subsection (c)(2) Of N.J.S.A. 2C:58-3. B. Denial Of [C.P.'S] Firearms Permit Under Subsection ... w]e review a trial court's legal conclusions 3 N.J.S.A. 2C:58-3(c)(2) provides in pertinent part that '[n]o handgun ... Jersey, a person must first acquire a PPH or FPIC. N.J.S.A. 2C:58-3(a)(1); (b)(1). 'The initial determination of whether to ... to F.M. , 225 N.J. 487, 508 (2016). See N.J.S.A. 2C:58-3(d). Following an investigation, '[t]he police chief must ...

docket:	a2862-19
court:	NJ Superior Court Appellate Division
decided:	2021-04-27
status:	Unpublished
citation:
Document Size:	21858

29 IN THE MATTER OF THE REVOCATION OF JOHN BASILE'S FIREARMS PURCHASER IDENTIFICATION CARD AND COMPELLING THE SALE OF HIS FIREARMS -- rank: 679

... State filed a motion to revoke appellant's FPIC under N.J.S.A. 2C:58-3(f), and to compel the sale of his firearms. Judge ... welfare for appellant to be issued a FPIC permit under N.J.S.A. 2C:58-3(c)(5). In his oral opinion, Judge Kazlau expressed concern ... in the interest of the public health, safety or welfare.' N.J.S.A. 2C:58-3(c)(5). He distinguishes State v. Cunningham, 186 N.J ... 84 (1974). An application for a FPIC is governed by N.J.S.A. 2C:58-3.1 The statute provides in pertinent part: 1 Following the ... December 22, 2022, modified the 'disqualifying criteria set forth in' N.J.S.A. 2C:58-3(c)(5) to reflect a FPIC 'shall not be issued ... N.J. Super. 148, 194-98 (App. Div. 2023) (finding N.J.S.A. 2C:58- 3(c)(5) constitutional and its amendments applicable to applications ...

docket:	a3640-21
court:	NJ Superior Court Appellate Division
decided:	2023-11-28
status:	Unpublished
citation:
Document Size:	26913

30 STATE OF NEW JERSEY v. S.P. -- rank: 677

... knowingly falsified information on her permit application, in violation of N.J.S.A. 2C:58-3(c)(3) and N.J.A.C. 13:54-1 ... appealed their permit denials to the Law Division, pursuant to N.J.S.A. 2C:58-3(d). In support of their appeals, defendants were each evaluated ... a habitual drunkard [within the meaning of that term in N.J.S.A. 2C:58-3(c)(2)] and a threat to the public health, safety ... to her, under "law of the case" principles. A. Under N.J.S.A. 2C:58-3, New Jersey residents who apply for firearms permits are eligible ... they fail because of one of the statutory "disabilities" under N.J.S.A. 2C:58-3(c). That section states that no handgun purchase permit or ... in the interest of the public health, safety or welfare ; [ N.J.S.A. 2C:58-3(c) (emphasis added).] In considering decisions by trial courts ...

docket:	a0008-15
court:	NJ Superior Court Appellate Division
decided:	2016-12-20
status:	unpublished
citation:
Document Size:	55197