Search Rutgers Law Library N.J. Court Opinions

1 M.S. v. Millburn Police Department, et al. -- rank: 1000

... unanimous Court. The essential issue in this case is whether N.J.S.A. 2C: 58-3 (c) (8), a disability provision of the Gun Control Law ... therefore he was permanently barred from possessing a firearm under N.J.S.A. 2C: 58-3 (c) (8), a disability provision of the Gun Control Law ... ordered return of the card, finding that the addition of N.J.S.A. 2C: 58-3 (c) (8) to the Gun Control Law in 2004 should ... 1997 domestic violence complaint and were not returned to him, N.J.S.A. 2C: 58-3 (c) (8), applied retroactively, forbids the return of his firearms ... Court does not conclude, as the Appellate Division did, that N.J.S.A. 2C: 58-3 (c) (8) applies whenever a firearm seized pursuant to the ... a handgun were set forth in the Gun Control Law. N.J.S.A. 2C: 58-3 (c). Thus, at a hearing under the Domestic Violence ...

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

2 IN THE MATTER OF THE APPEAL OF THE DENIAL OF M.U.'S APPLICATION -- rank: 988

... case of first impression, we must determine the constitutionality of N.J.S.A. 2C:58-3(c)(5), which restricts the issuance of handgun purchase permits ... our analysis, we consider whether relevant historical analogues demonstrate that N.J.S.A. 2C:58-3(c)(5) 'is consistent with this Nation's historical tradition ... its assessment of the evidence and in its conclusion under N.J.S.A. 2C:58-3(c)(5) that it would not be in the interest ... he were to purchase another firearm. He also argues that N.J.S.A. 2C:58-3(c)(5)'s restriction upon firearm acquisition in the interest ... A-2535-20 3 not have the legal authority, under N.J.S.A. 2C:58-3(c) and (f), to compel the transfer and sale of ... or-transfer ruling. To determine the constitutionality and applicability of N.J.S.A. 2C:58- 3(c)(5), which prohibits the issuance of a HPP ...

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

3 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: 950

... to -35 (Domestic Violence Act), should be forfeited pursuant to N.J.S.A. 2C:58-3(c)(5) based on the State’s claim that rearming ... in the interest of public health, safety or welfare.” N.J.S.A. 2C:58-3(c)(5). At the evidentiary hearing on the State’s ... F.M. is not disqualified from possessing a firearm under N.J.S.A. 2C:58-3(c)(5). The appellate panel remanded the matter for the ... ’s personal weapon and identification card is inconsistent with N.J.S.A. 2C:58-3(c)(5) and, therefore, F.M.’s weapon and identification card are forfeited. 1. N.J.S.A. 2C:58-3(c) provides that a “person of good character and ... of 1991 . . . and whose firearm has not been returned[.]” N.J.S.A. 2C:58-3(c)(5) and (8). N.J.S.A. 2C: ...

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

4 STATE OF NEW JERSEY v. W.C. -- rank: 943

... f]irearms [p]urchaser [i]dentification [c]ard, pursuant to' N.J.S.A. 2C:58- - 3(c)(5) because defendant's 'possession of a firearm would ... the interest of the public health, safety[,] or welfare' under N.J.S.A. 2C:58-3(c)(5).5 Instead, the State argued only that it ... bar disqualified defendant from possessing or owning a firearm under N.J.S.A. 2C:58-3(c)(6).6 In response, defendant asserted N.J.S ... the interest of the public health, safety or welfare' under N.J.S.A. 2C:58-3(c)(5). 6 We recognize N.J.S.A. 2C ... 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 at ... the defendant falls 'within any of the disability categories of N.J.S.A. 2C:58-3(c).' M.S., 197 N.J. at 248; see ...

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

5 IN THE MATTER OF THE APPEAL OF THE DENIAL OF R.W.T.'S APPLICATION -- rank: 846

... knowingly falsified information on the application, triggering disqualification pursuant to N.J.S.A. 2C:58-3(c)(3). The trial court also found petitioner was involved ... the interest of public health, safety or welfare' pursuant to N.J.S.A. 2C:58-3(c)(5). After carefully considering the record in light of ... would be inimical to public health, safety or welfare under N.J.S.A. 2C:58-3(c)(5). We are mindful of the general principle that ... 80 (2006). Here, resolution of petitioner's arguments pertaining to N.J.S.A. 2C:58-3(c)(5) are not imperative to this appeal's resolution ... the interest of public health, safety or welfare' pursuant to N.J.S.A. 2C:58-3(c)(5). Petitioner appealed the chief's decision to the Law Division pursuant to N.J.S.A. 2C:58-3(d). The trial court convened an evidentiary hearing at ...

docket:	a3899-21
court:	NJ Superior Court Appellate Division
decided:	2023-12-22
status:	Published
citation:
Document Size:	69711

6 IN THE MATTER OF P.F.C. -- rank: 846

... him to forfeit his firearms under the firearms disqualification statute, N.J.S.A. 2C:58-3. N.J.S.A. 2C:58-3 governs applications for FPICs and HPPs and 'recognizes that the ... 440 N.J. Super. 351, 355 (App. Div. 2015) (citing N.J.S.A. 2C:58-3(c)). The statute lists a series of disqualifying circumstances including ... for a handgun purchase permit or firearms purchaser identification card.' N.J.S.A. 2C:58-3(c)(3). The other statutory provision at issue in this ... in the interest of the public health, safety or welfare.' N.J.S.A. 2C:58-3(c)(5) (Dec. 2022). [2] [In re Appeal of the ... second omission in original) (footnote omitted).] 2 After the hearing, N.J.S.A. 2C:58-3(c)(5) was amended. L. 2022, c. 131, § ...

docket:	a1024-22
court:	appellate
decided:	2024-05-17
status:	Unpublished
citation:
Document Size:	40798

7 IN THE MATTER OF THE APPLICATION FOR A NEW JERSEY FIREARM PURCHASER IDENTIFICATION CARD -- rank: 835

... order of the Law Division denying his application pursuant to N.J.S.A. 2C:58-3(d) for licensing to purchase two handguns. Among other contentions ... s handgun permit application within thirty days, as required by N.J.S.A. 2C:58-3(f). Rather, five months after McGovern filed his application, the ... McGovern requested a hearing before the Law Division pursuant to N.J.S.A. 2C:58-3(d) to review the denial of his application. The hearing ... for McGovern to prove he was not disqualified under the N.J.S.A. 2C:58-3 for a handgun permit. The Assistant Prosecutor representing Jersey City ... appeal, McGovern argues: (1) Jersey City is expressly preempted by N.J.S.A. 2C:58-3 from demanding information from an applicant that is not required ... not disqualified under any of the conditions set forth in N.J.S.A. 2C:58-3(c); (4) the Police Chief violated statutory provisions with ...

docket:	a1282-12
court:	NJ Superior Court Appellate Division
decided:	2014-04-28
status:	unpublished
citation:
Document Size:	45833

8 IN THE MATTER OF PETITION TO FORFEIT FIREARMS CLAIMANT FRANK W FARRELL, JR -- rank: 823

... 17 . . . N.J.S.[A]. 2C:25-21(d)(3), N.J.S.[A]. 2C:58-3(c), and N.J.S.[A]. 2C:58-3[(f)].' On December 30, 2021, the State emailed the court ... those weapons, N.J.S.A. 2C:25-21, and N.J.S.A. 2C:58-3, the statute that regulates the 'permit to purchase a handgun ... domestic violence court shall consider the 'disabilities set forth in . . . N.J.S.A. 2C:58-3(c)' before 'the return of . . . firearms.' N.J.S.A ... act of domestic violence has been committed' and has 2 ' N.J.S.A. 2C:58-3(a) refers to permits to purchase a handgun, which expire after ninety days. N.J.S.A. 2C:58-3(a) and (f). A new permit must be obtained ...

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

9 IN THE MATTER OF APPLICATION OF JONATHAN R. WHEELER -- rank: 821

Original Wordprocessor Version This case can also be found at 433 N.J.Super. 560 or 81 A.3d 728. (NOTE: The status of this decision is Published .) NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-3704-11T4 I ...

docket:	a3704-11
court:	NJ Superior Court Appellate Division
decided:	2013-12-30
status:	published
citation:	433 N.J.Super. 560 81 A.3d 728
Document Size:	171384

10 IN THE MATTER OF THE APPEAL OF THE DENIAL OF LOUIS J. LUCZU APPLICATION, ETC. -- rank: 803

... because: (1) he presented 'satisfactory proof' within the meaning of N.J.S.A. 2C:58-3(c)(3) to show his alcoholism is not a disqualifying ... and welfare. The Department denied Luczu's application pursuant to N.J.S.A. 2C:58-3(c)(5), finding issuance of the permit would be contrary ... his life.' With that in mind, the court relied upon N.J.S.A. 2C:58-3(c)(3) as it existed at that time, which precluded ... handicap that person in the handling of firearms . Based on N.J.S.A. 2C:58-3(c)(3), the trial court found appellant had failed to ... Law Division denied Luczu's appeal. This appeal followed. II. N.J.S.A. 2C:58-3(d) grants the 'chief police officer of an organized full ... Department's public health, safety and welfare concern, pursuant to N.J.S.A. 2C:58-3(c)(5), not N.J.S.A. 2C:58- ...

docket:	a2706-22
court:	appellate
decided:	2024-07-15
status:	Unpublished
citation:
Document Size:	22358

11 IN RE SARCO, INC. -- rank: 803

... J.S.A. 2C:58-2 in pari materia with N.J.S.A. 2C:58-3. It urges that such reading is proper because these sections ... 58-2 should have been read in pari materia with N.J.S.A. 2C:58-3. We dis�agree. These two provisions, and N.J.S ... as they are concerned with the conduct of the business. N.J.S.A. 2C:58-3 is relevant only to the per�sonal qualifications of employees ...

docket:	a1161-08
court:	NJ Superior Court Appellate Division
decided:	2011-04-13
status:	unpublished
citation:
Document Size:	56910

12 IN THE MATTER OF THE REVOCATION OF EMANUEL BRICE'S FIREARMS PURCHASER IDENTIFICATION CARD AND COMPELLING THE SALE OF HIS FIREARMS -- rank: 781

... interest of the public health, safety, and welfare pursuant to N.J.S.A. 2C:58-3(c)(5). Among other things, petitioner argues on appeal that N.J.S.A. 2C:58- 3(c)(5) is unconstitutional. In the alternative, he argues the ... FPIC application, rejecting the State's automatic disqualifier argument under N.J.S.A. 2C:58- - 3(c)(3). The trial court then turned to the June ... whether petitioner's role in it merited discretionary disqualification under N.J.S.A. 2C:58-3(c)(5). Calling the criminal investigation 'well documented,' and its ... sexual misconduct.' Finding the State had met its burden under N.J.S.A. 2C:58- 3(c)(5) by a preponderance of the credible evidence, the ... and many which overlap. We summarize them as follows: I. N.J.S.A. 2C:58-3 Is Unconstitutional Under the United States Supreme Court Decision ...

docket:	a0820-21
court:	NJ Superior Court Appellate Division
decided:	2023-08-04
status:	Unpublished
citation:
Document Size:	36139

13 IN THE MATTER OF D.L.B. -- rank: 778

... firearms from persons who legally possess them. See, e.g., N.J.S.A. 2C:58-3(f) (providing for revocation of firearm purchaser identification card if ...

docket:	a1035-20
court:	NJ Superior Court Appellate Division
decided:	2021-07-14
status:	Published
citation:
Document Size:	57683

14 STATE OF NEW JERSEY v. P.Z -- rank: 769

... a motion to forfeit defendant's weapons and FPIC under N.J.S.A. 2C:58-3(c)(5), contending that defendant's possession of these items ... ISSUE WHEN THE STATE'S FORFEITURE PETITION DID NOT INCLUDE N.J.S.A. 2C:58- 3[(c)](3) AS A BASIS FOR FORFEITURE[.] POINT III THE ... welfare.'' F.M., 225 N.J. at 510-11 (quoting N.J.S.A. 2C:58-3(c)(5)). The TRO judge specifically found that there was ... the State would rely, in part, on his PTSD—under N.J.S.A. 2C:58-3(c)(3)—and that therefore he was unprepared to ... is afflicted with one of the legal 'disabilities' enumerated in N.J.S.A. 2C:58-3[(c)].' Cordoma, 372 N.J. Super. at 533. N.J.S.A. 2C:58-3(c)(3) provides: No person of good character and ...

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

15 IN THE MATTER OF THE APPLICATION OF THE STATE OF NEW JERSEY FOR THE FORFEITURE OF WEAPONS, ET AL. -- rank: 767

... n FPIC] and permit to purchase a handgun pursuant to N.J.S.A. 2C:58-3(c)(8).[5] Accordingly, . . . Fox's [FPIC] and any permits ... J.S.A. 2C:25-21(d)(3).] 5 Per N.J.S.A. 2C:58-3(c)(8): [A] person shall not be denied a permit ... n FPIC] and permit to purchase a handgun pursuant to N.J.S.A. 2C:58-3(c)(8). Accordingly, . . . Ricciardi's [FPIC] and any permits, licenses ... Court's Bruen decision, government must meet its burden that N.J.S.A. 2C:58-3[(c)](8) is 'consistent with this nation's historical tradition ... is afflicted with one of the legal 'disabilities' enumerated in N.J.S.A. 2C:58-3[(c)]. [State v. Cordoma, 372 N.J. Super. 524, 533 ... to the [PDVA] and whose firearm has not been returned.' N.J.S.A. 2C:58-3(c)(8). Pursuant to N.J.S.A. 2C: ...

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