Search Rutgers Law Library N.J. Court Opinions

61 /usr/local/share/www/libweb/collections/courts/appellate/a5508-15.opn.html -- rank: 611

... DISTINGUISHABLE FROM OSWORTH. POINT IV ASSUMING APPELLANT SUFFERS FROM NO N.J.S.A. 2C:58-3(C)(5) DISQUALIFIER, REGARDING APPELLANT'S PERMIT TO CARRY APPLICATION ... possessed firearms. He asserts that the State moved solely under N.J.S.A. 2C:58-3(f), which governs the granting and revocation of FPICs, not ... the judge only considered this statute in his oral decision. N.J.S.A. 2C:58-3(f) in part states, '[a]ny [FPIC] may be revoked ... and does not mention possession or forfeiture of firearms – N.J.S.A. 2C:58-3 is entitled 'Purchase of firearms.' A-5508-15T4 6 The judge relied solely on N.J.S.A. 2C:58-3(f) to explain the Superior Court's authority to revoke ... State's motion for FPIC revocation and forfeiture of firearms. N.J.S.A. 2C:58-3(f) provides no basis for the forfeiture of already ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	19539

62 IN THE MATTER OF THE DENIAL OF THE APPLICATION OF JAY FACTOR FOR A PERMIT TO CARRY A HANDGUN -- rank: 609

... Appellant has previously been granted permits to purchase handguns under N.J.S.A. 2C:58-3. On October 10, 2006, he applied to the Fair Haven ...

docket:	a5202-08
court:	superior court appellate division
decided:	2010-04-21
status:	unpublished
citation:
Document Size:	40901

63 Thisopinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R.1:36-3 IN THE MATTER OF THE APPEAL -- rank: 609

... THE [CHIEF OF] POLICE DENIED APPELLANT'S APPLICATION BASED ON N.J.S.A. 2C:58-3(c)(5), THE TRIAL COURT CHOSE TO IMPROPERLY FOCUS ON ... DENYING APPLICANT'S APPLICATION UNDER A DE FACTO USE OF N.J.S.A. 2C:58-3(c)(3). POINT II THE STATE FAILED TO MEET ITS ... TO JUSTIFY A DENIAL OF APPELLANT'S 2013 APPLICATION UNDER N.J.S.A. 2C:58-3(c)(5). POINT III THE TRIAL COURT IMPROPERLY RELIED UPON ... his comprehensive oral opinion and add the following comments. 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:	a1023-15
court:	NJ Superior Court Appellate Division
decided:	2017-03-03
status:	unpublished
citation:
Document Size:	24869

64 IN THE MATTER OF THE DENIAL FOR A NEW JERSEY FIREARMS PURCHASER IDENTIFICATION CARD -- rank: 609

... the same thing twice," the court found no violation of N.J.S.A. 2C:58-3(f) because the applicant was not being asked for "[s ... the added municipal form within the letter and spirit of N.J.S.A. 2C:58-3. Although perhaps not in conflict 5 with the superintendent's ... to the plain meaning of subsections e and f of N.J.S.A. 2C:58-3. N.J.S.A. 2C:58-3e provides that "[a ...

docket:	a5851-12
court:	NJ Superior Court Appellate Division
decided:	2015-05-14
status:	published
citation:	440 N.J.Super. 394 114 A.3d 362
Document Size:	20712

65 IN THE MATTER OF THE APPLICATION FOR A PERMIT TO CARRY A HANDGUN PURSUANT TO N.J.S.A 2C:58-4 -- rank: 609

... the applicant has had a firearms purchaser identification card (FPIC). N.J.S.A. 2C:58-3(b). In 1998, the applicant reported to the Harding Township ...

docket:	a3584-13
court:	NJ Superior Court Appellate Division
decided:	2015-06-23
status:	unpublished
citation:
Document Size:	35327

66 STATE OF NEW JERSEY v. DEMITRI NEIVES -- rank: 607

... possession of a shotgun without a firearms purchaser identification card, N.J.S.A. 2C:58-3, 2C:39-5(c) (count three); third-degree unlawful possession ... of a shotgun by a person previously convicted of robbery, N.J.S.A. 2C:58-3, 2C:39-5(c), and 2C:39-5(j) (count ...

docket:	a4602-19
court:	NJ Superior Court Appellate Division
decided:	2022-01-31
status:	Unpublished
citation:
Document Size:	57045

67 INTHE MATTER OF THE SEIZURE OF WEAPONS BELONGING TO J.D.M -- rank: 607

... found that the return of his firearm was barred by N.J.S.A. 2C:58-3(c)(3). That statutory section stated that a FPIC should ... The State Failed To Satisfy Its Burden of . . . Proof Under N.J.S.A. 2C:58-3(c). B. The Reasoning of the Law Division Does Not Support a Finding of a Mental Disorder Under N.J.S.A. 2C:58-3(c)(3). POINT II: BECAUSE [J.D.M.] WAS NOT 'CONFINED' FOR A MENTAL DISORDER, N.J.S.A. 2C:58-3 DOES NOT APPLY TO THE INSTANT CASE. POINT III: THE ... STATES SUPREME COURT REQUIRE AN ENHANCED BURDEN OF PROOF UNDER N.J.S.A. 2C:58-3(c). With one exception, we do not discuss the alleged ... to F.M., 225 N.J. 487, 513 (2016) (quoting N.J.S.A. 2C:58-3(c)(5)). In matters involving firearms permits and the ...

docket:	a3912-16
court:	NJ Superior Court Appellate Division
decided:	2018-06-25
status:	unpublished
citation:
Document Size:	17095

68 IN THE MATTER OF THE DENIAL OF AN APPLICATION FOR A NEW JERSEY FIREARMS PURCHASER IDENTIFICATION CARD BY L.H. -- rank: 604

... best interest of public health, safety and welfare," pursuant to N.J.S.A. 2C:58-3(c)(3) and (5). The Chief's letter recited that ... a handgun permit would be contrary to the public welfare. N.J.S.A. 2C:58-3(c)(5). II On this appeal, L.H. raises the ... a firearms purchaser identification card, except as hereinafter set forth. [ N.J.S.A. 2C:58-3(c)]. In relevant part, the statute provides that no permit or FPIC shall be issued to a convicted criminal, N.J.S.A. 2C:58-3(c)(1), or "[t]o any person where the issuance ... in the interest of the public health, safety or welfare[.]" N.J.S.A. 2C:58-3(c)(5). Section (c)(5) "is 'intended to relate to ... assault may be grounds to deny a handgun permit under N.J.S.A. 2C:58-3(c)(5). Id. at 79 (citing In re Sbitani , ...

docket:	a5244-12
court:	NJ Superior Court Appellate Division
decided:	2014-10-28
status:	unpublished
citation:
Document Size:	30231

69 IN RE APPEAL OF K.J. FOR A FIREARMS PURCHASERS IDENTIFICATION CARD. -- rank: 602

... on that application making you subject to the disabilities of N.J.S.[A.] 2C:58-3[(]c[)](3).' A-5667-18T3 3 K.J. appealed from ... 18T3 8 K.J. applied for an FPIC, pursuant to N.J.S.A. 2C:58-3, which states: 'No person of good character and good repute ... for a handgun purchase permit or firearms purchaser identification card; [N.J.S.A. 2C:58-3(c)(3).] A denial of an application for an FPIC ... as a reason for reversal. This leaves the portion of N.J.S.A. 2C:58-3(c)(3), which requires the State to prove K.J ... error[s]' or that the decision was 'clearly based' on N.J.S.A. 2C:58-3. The lack of statutory findings, the citation to inapplicable statutes ...

docket:	a5667-18
court:	NJ Superior Court Appellate Division
decided:	2020-11-12
status:	Unpublished
citation:
Document Size:	18979

70 STATE OF NEW JERSEY v. MICHAEL C. RACKIS -- rank: 598

... handgun, the purchaser must obtain a firearms purchaser identification card. N.J.S.A. 2C:58-3. In order to carry a handgun, a person must obtain ... BB guns.     In summary, the handgun permit procedure established by N.J.S.A. 2C:58-3 constitutes neither an express nor de facto ban on the ...

docket:	a1900-99
court:	njappellate
decided:	2000-08-01
status:	published
citation:	<a href=
Document Size:	39144

71 STATE OF NEW JERSEY v. MICHAEL C. RACKIS -- rank: 598

... handgun, the purchaser must obtain a firearms purchaser identification card. N.J.S.A. 2C:58-3. In order to carry a handgun, a person must obtain ... BB guns.     In summary, the handgun permit procedure established by N.J.S.A. 2C:58-3 constitutes neither an express nor de facto ban on the ...

docket:	a1437-99
court:	njappellate
decided:	2000-08-01
status:	published
citation:	<a href=
Document Size:	39144

72 IN THE MATTER OF THE APPLICATION OF SCOTT BOARDMAN TO APPEAL THE DENIAL OF A FIREARMS PURCHASER ID CARD -- rank: 595

... application for a duplicate firearms purchaser identification card (FPIC). See N.J.S.A. 2C:58-3. Boardman had moved to a different address since obtaining the ... pad note was not the certification required by the statute, N.J.S.A. 2C:58-3(c)(3). It did not indicate that Boardman's disability ... J.S.A.  2A:151-33 is the predecessor to N.J.S.A. 2C:58-3. III Boardman disputes the trial judge's conclusion that he ... on proper certification by a medical doctor or psychiatrist. See N.J.S.A. 2C:58-3(c)(3). In this case, however, no certification was supplied ... that Boardman was still an alcoholic within the meaning of N.J.S.A. 2C:58-3(c)(3) was fully justified. Indeed, this is one of ... it unsafe for an applicant to handle a firearm. See N.J.S.A. 2C:58-3(c). Our Legislature has decided that alcoholism should bar ...

docket:	a4866-11
court:	New Jersey Superior Court Appellate Division
decided:	2013-06-19
status:	Published
citation:
Document Size:	27331

73 IN THE MATTER OF APPLICATION OF JEREMY PEREZ -- rank: 593

... by the Paterson Police Department. Relying on subsection f of N.J.S.A. 2C:58-3, Perez argued that by conditioning issuance of purchaser identification cards ... he did in the Law Division, that subsection f of N.J.S.A. 2C:58-3 precludes what the Paterson Police Department has done — adding ... with the plain meaning of subsections e and f of N.J.S.A. 2C:58-3. The statute, N.J.S.A. 2C:58-3, could not be clearer on the point raised here. Pursuant ...

docket:	a0498-12
court:	NJ Superior Court Appellate Division
decided:	2014-01-08
status:	unpublished
citation:
Document Size:	16368

74 IN RE FIREARMS APPLICATION OF DAVEANAND DURGA -- rank: 591

... firearms purchaser identification card in accordance with the provisions of N.J.S.A. 2C:58-3, is guilty of a crime of the third degree." The ...

docket:	a3908-06
court:	New Jersey Superior Court Appellate Division
decided:	2008-07-25
status:	unpublished
citation:
Document Size:	40630

75 IN RE FIREARMS APPLICATION OF DAVEANAND DURGA -- rank: 591

... firearms purchaser identification card in accordance with the provisions of N.J.S.A. 2C:58-3, is guilty of a crime of the third degree." The ...

docket:	a1289-06
court:	New Jersey Superior Court Appellate Division
decided:	2008-07-25
status:	unpublished
citation:
Document Size:	40630