Search Rutgers Law Library N.J. Court Opinions

1 STATE OF NEW JERSEY v. W.C. -- rank: 1000

... a result, the State was entitled to forfeiture pursuant to N.J.S.A. 2C:25-21(d)(3). Unpersuaded by the State's argument, we affirm ... that it was entitled to forfeiture of the weapons under N.J.S.A. 2C:25-21(d)(3) because the issuance of a permit to purchase ... The State contended it was therefore entitled to forfeiture under N.J.S.A. 2C:25-21(d)(3) because N.J.S.A. 2C:25-29 ... expose the victim to a risk of serious bodily injury.' N.J.S.A. 2C:25- 21(d)(1)(b). The PDVA further authorizes a court to ... In re F.M., 225 N.J. at 510 (citing N.J.S.A. 2C:25-21(d)(2)). The PDVA also provides for the return of ... authorizations for the use, possession, or ownership of such weapons.' N.J.S.A. 2C:25-21(d)(3). '[A]ll weapons and any firearms cards ...

docket:	a0800-20
court:	NJ Superior Court Appellate Division
decided:	2021-06-24
status:	Published
citation:
Document Size:	52495

2 IN THE MATTER OF THE APPLICATION OF THE STATE OF NEW JERSEY FOR THE FORFEITURE OF WEAPONS, ET AL. -- rank: 968

... 2-21(d)(3),[4] . . . Fox is also prohibited 4 N.J.S.A. 2C:25-21(d)(3) provides, in part: Weapons seized in accordance with ... be returned to the New Jersey State Police pursuant to N.J.S.A. 2C:25-21(d)(3). [(Emphasis added).] In the written opinion accompanying the ... as provided in N.J.S.[A.] 2C:64-6. [N.J.S.A. 2C:25-21(d)(3).] 5 Per N.J.S.A. 2C:58 ... be returned to the New Jersey State Police pursuant to N.J.S.A. 2C:25-21(d)(3). [(Emphasis added).] Based on these findings, the judge ... PDVA] and cannot be returned to [the gun owner] under . . . N.J.S.A. 2C:25-21(d)(3), [the gun owner] is expressly disqualified from obtaining ... s gun control laws is sufficient basis for forfeiture under N.J.S.A. 2C:25-21(d)'); and State v. Scott, 429 N.J. Super. ...

docket:	a3418-21a3419-21
court:	appellate
decided:	2024-06-03
status:	Unpublished
citation:
Document Size:	47917

3 M.S. v. Millburn Police Department, et al. -- rank: 932

... filed a petition to forfeit the five handguns pursuant to N.J.S.A. 2C: 25-21 (d) (3) of the Prevention of Domestic Violence Act of ... a reason set forth in the Domestic Violence Forfeiture Statute, N.J.S.A. 2C: 25-21 (d) (3). 1. In 1997, when the Essex County Prosecutorâ ... forfeit plaintiff’s seized handguns, the Domestic Violence Forfeiture Statute, N.J.S.A. 2C: 25-21 (d) (3), set forth the path for pursuing the forfeiture ... whether the Prosecutor’s Office would have succeeded at the N.J.S.A. 2C: 25-21 (d) (3) forfeiture proceeding. If the Prosecutor’s Office forgoes ... then filed a petition to forfeit those handguns pursuant to N.J.S.A. 2C:25-21(d)(3) of the Prevention of Domestic Violence Act of ... card or a firearm under the Domestic Violence Forfeiture Statute, N.J.S.A. 2C:25-21(d)(3). Nor was there a judicial finding that ...

docket:	a-80-08
court:
decided:	2008-12-23
status:
citation:	197 N.J. 216
Document Size:	82217

4 S.P v. NEWARK POLICE DEPARTMENT -- rank: 891

... members" under the PDVA. We also consider whether the PDVA, N.J.S.A. 2C:25-21, expressly creates an exception to the immunity provisions of the ... to arrest and remove the assailant pursuant to the PDVA, N.J.S.A. 2C:25-21. Noting both sides "concede that the [PDVA] provides an express ... officers that imposed an obligation to arrest under the PDVA, N.J.S.A. 2C:25-21, and whether the officers acted in good faith to afford ... and remove Louis Alfredo Santiago, Jr. pursuant to the PDVA, N.J.S.A. 2C:25-21, after S.P. reported to police that Santiago had groped ... of the four statutory factors mandating arrest as delineated in N.J.S.A. 2C:25-21(a) were present: S.P. did not "exhibit signs of ... clear indication of an impairment of her physical condition under N.J.S.A. 2C:25-21(c). She urged that even if the officers concluded ...

docket:	a5591-10
court:	NJ Superior Court Appellate Division
decided:	2012-09-27
status:	published
citation:	428 N.J.Super. 210 52 A.3d 178
Document Size:	68777

5 STATE OF NEW JERSEY v. M.D. -- rank: 891

... to the Prevention of Domestic Violence Act of 1991 (PDVA), N.J.S.A. 2C:25-21(d)(3), to obtain title to defendant's weapons and ... provision of the PDVA to seek a weapon forfeiture under N.J.S.A. 2C:25-21(a) was subsection 4, which provides a law enforcement officer ... involved in the commission of an act of domestic violence." N.J.S.A. 2C:25-21(a)(4). Since the police did not arrest or file ... defendant, the judge ordered there could be no forfeiture under N.J.S.A. 2C:25-21(a)(4). The judge also considered the application of N.J.S.A. 2C:25-21(b) to the State's petition, finding that the provision may apply if N.J.S.A. 2C:25-21(a)(4) does not apply, where a law enforcement ...

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

6 State v. Carlton Harris -- rank: 826

... of serious bodily injury,” the officer must seize it. N.J.S.A. 2C:25-21(d)(1). Another part of the statute deals with weapons ... 358 N.J. Super. 151 (App. Div. 2003), arose under N.J.S.A. 2C:25-21(d), not N.J.S.A. 2C:25-28(j ... that is contraband, evidence or an instrumentality of crime,” N.J.S.A. 2C:25-21(d)(1), and that officer must inquire whether there are weapons on the premises, N.J.S.A. 2C:25-21(d)(1)(a). If an officer learns that weapons are ... seized, together with any firearm purchaser identification card or permit. N.J.S.A. 2C:25-21(d)(1)(b). The weapons are to be turned over ... may seek their forfeiture or return them to their owner. N.J.S.A. 2C:25-21(d)(2)-(3). Another portion of the statute deals ...

docket:	A-111-10
court:	NJ Supreme Court
decided:	2012-08-16
status:
citation:
Document Size:	148149

7 IN THE MATTER OF PETITION TO FORFEIT FIREARMS CLAIMANT FRANK W FARRELL, JR -- rank: 731

... urstant [t]o N.J.S.[A]. 2C:25-17 . . . N.J.S.[A]. 2C:25-21(d)(3), N.J.S.[A]. 2C:58-3(c ... the State's role in the return of those weapons, N.J.S.A. 2C:25-21, and N.J.S.A. 2C:58-3, the statute ... A. 2C:58-3(c)' before 'the return of . . . firearms.' N.J.S.A. 2C:25- 21(d)(3). A. Under the PDVA, when a law enforcement ... to the person accused of the act of domestic violence.' N.J.S.A. 2C:25-21(d)(1). 'Weapons seized . . . shall be returned to the owner except upon order of the Superior Court.' N.J.S.A. 2C:25-21(d)(3). The prosecutor may petition a judge within [forty ... in finding that the State's petition was untimely under N.J.S.A. 2C:25-21(d)(3). That statute does require the State to ' ...

docket:	a0864-22
court:	NJ Superior Court Appellate Division
decided:	2023-12-20
status:	Unpublished
citation:
Document Size:	25093

8 IN THE MATTER OF THE APPEAL OF THE DENIAL OF M.U.'S APPLICATION -- rank: 713

... person accused of committing domestic violence.' Id. at 533 (citing N.J.S.A. 2C:25-21(d)(1)(a), (1)(b)). The court explained 'that the ... for use, possession, or ownership of such weapons.'' Ibid. (quoting N.J.S.A. 2C:25-21(d)(3)). The facts in F.M. and Cordoma are ... history of domestic violence. Accordingly, the forfeiture procedure codified in N.J.S.A. 2C:25-21(d)(3) does not apply. We also recognize that N ...

docket:	a2535-20
court:	NJ Superior Court Appellate Division
decided:	2023-03-21
status:	Published
citation:
Document Size:	131573

9 /usr/local/share/www/libweb/collections/courts/supreme/a-21-19.opn.html -- rank: 702

... the issue of defense and indemnification to be controlled by N.J.S.A. 2C:25-21(d)(1), which broadly covers all seized weapons from any ... to the same core function required of county prosecutors under N.J.S.A. 2C:25-21(d)(1). Applying that reasoning, the Appellate Division reached the ... Petitioners contend that the Appellate Division erred in relying on N.J.S.A. 2C:25-21(d)(1), which deals with law enforcement’s role in ... the cause of law enforcement. As the Appellate Division noted, N.J.S.A 2C:25-21(d)(1) broadly covers seized weapons taken from any domestic ... Response Procedures in Domestic Violence Cases and the provisions of N.J.S.A. 2C:25-21(d). Once the weapons have been removed, prosecutors are required ...

docket:
court:
decided:
status:
citation:
Document Size:	65513

10 Inthe Matter of the Application of the State of New Jersey for the Forfeiture of Personal Weapons and Firearms Identification Card Belonging to F.M. -- rank: 689

... to the person accused of the act of domestic violence. [ N.J.S.A. 2C:25-21(d)(1)(b).] Thereafter, the weapons are inventoried and turned over to the county prosecutor. N.J.S.A. 2C:25-21(d)(2). The weapons must be returned to the owner ... the Family Part of the Superior Court, Chancery Division.” N.J.S.A. 2C:25-21(d)(3); see also M.S. v. Millburn Police Depâ ... court determines that the domestic violence situation no longer exists. [ N.J.S.A. 2C:25-21(d)(3).] Therefore, even if a domestic violence complaint is ... based on domestic violence be pursued in the Family Part. N.J.S.A. 2C:25-21(d)(3). When a forfeiture action is brought because of ...

docket:	A-60-14
court:	NJ Supreme Court
decided:	2016-06-30
status:
citation:	225 N.J. 487 139 A.3d 67
Document Size:	124284

11 STATE OF NEW JERSEY v. CARLTON HARRIS -- rank: 682

... a victim to request police initiation of a criminal complaint, N.J.S.A. 2C:25-21, or request a TRO from the Family Part, N.J ... of the weapons were seized "for safekeeping" pursuant to PDVA, N.J.S.A. 2C:25-21(d)(1). "Neither the police nor the prosecutor sought a ... enforcement action and the initiation of criminal process, including arrest, N.J.S.A. 2C:25-21 and the setting and reduction of bail, N.J.S ... or permits to purchase handguns issued to the alleged perpetrator. N.J.S.A. 2C:25-21(d)(1)(b). 2 Miranda v. Arizona , 384 U.S ...

docket:	a6112-09
court:	NJ Superior Court Appellate Division
decided:	2011-03-10
status:	unpublished
citation:
Document Size:	61221

12 JOHN DITARANTO v. PASSAIC COUNTY PROSECUTOR'S OFFICE -- rank: 676

... was arbitrary and capricious and violated the procedural requirements of N.J.S.A. 2C:25-21(d), governing the return of a A-5478-17T2 5 ... file a petition regarding seizure of the weapon, pursuant to N.J.S.A. 2C:25-21(d)(3), within forty-five days of its decision not ... PCPO was not required to file a petition pursuant to N.J.S.A. 2C:25-21(d)(3) since the confiscated gun was not plaintiff's ... the PCPO's failure to file a petition pursuant to N.J.S.A. 2C:25-21(d)(3) mandates the return of his service weapon and ... abuse its discretion. We next consider plaintiff's argument that N.J.S.A. 2C:25-21 governs the return of his service weapon. The statute provides ... of a domestic violence incident involving the gun owner. See N.J.S.A. 2C:25-21(d)(1)(b). In accordance with this statute, a ...

docket:	a5478-17
court:	NJ Superior Court Appellate Division
decided:	2019-05-22
status:	Unpublished
citation:
Document Size:	20316

13 DAMIEN ROSE BRUNO v. JEFFERSON STREET ASSOCIATES LLC -- rank: 635

... involved in the commission of an act of domestic violence. [N.J.S.A. 2C:25-21(a).] Plaintiffs contend that because the PDVA requires an arrest ...

docket:	a0843-17
court:	NJ Superior Court Appellate Division
decided:	2020-03-23
status:	Unpublished
citation:
Document Size:	61407

14 IN THE MATTER OF THE SEIZURE OF WEAPONS BELONGING TO A. K -- rank: 627

... expose the victim to a risk of serious bodily injury.' N.J.S.A. 2C:25-21(d)(1). In addition, if the A-2046-20 9 ... to the person accused of the act of domestic violence.' N.J.S.A. 2C:25-21(d)(1)(b). Any firearm seized under the PDVA must ... days of seizure unless the prosecutor pursues a forfeiture action. N.J.S.A. 2C:25-21(d)(3). If forfeiture is pursued, after a hearing, the ... or that the domestic violence action has not been dismissed, N.J.S.A. 2C:25-21(d)(1)(3), or the court determines the domestic violence ... N.J. Super. 589, 601 (App. Div. 1996), finding under N.J.S.A 2C:25-21(d)(3) that domestic violence still exists. See also Z ...

docket:	a2046-20
court:	NJ Superior Court Appellate Division
decided:	2022-04-18
status:	Unpublished
citation:
Document Size:	30146

15 STATE OF NEW JERSEY v. P.Z -- rank: 614

... S MOTION TO DISMISS FOR THE STATE'S VIOLATION OF N.J.S.A. 2C:25-21(d)(3). POINT VII THE [JUDGE] ERRED IN REQUIRING WRITTEN ... five days of the seizure of his weapons. According to N.J.S.A. 2C:25-21(d)(3): Weapons seized in accordance with the [PDVA] shall ... Manual, Notice at I (2008). As it has been established, N.J.S.A. 2C:25-21(d)(3) requires that the petition for forfeiture be filed ...

docket:	a5083-18
court:	NJ Superior Court Appellate Division
decided:	2020-10-22
status:	Unpublished
citation:
Document Size:	51331