Search Rutgers Law Library N.J. Court Opinions

31 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status:	Unpublished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

32 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status:	Unpublished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

33 IN THE MATTER OF DENIAL OF FPIC AND HANDGUN PURCHASE PERMIT BY ANDRIY YAREMIY -- rank: 677

... to a person who is presently a habitual drunkard); and N.J.S.A. 2C:58-3(c)(5) (issuance would not be in the interest of ... his application. The State argued that appellant was barred by N.J.S.A. 2C:58-3(c)(3) from obtaining a FPIC and handgun purchase permit ... vehicle convictions even though those offenses were not 'listed in N.J.S.A. 2C:58-3(c).' The court found the State met its burden of ... and reasonable limitations on gun ownership to protect the public— N.J.S.A. 2C:58-3(c) provides: No person of good character and good repute ... a disorderly persons offense involving an act of domestic violence[,]' N.J.S.A. 2C:58-3(c)(1); 'any drug-dependent person' and 'any person who ... institution' or 'any person who is presently an habitual drunkard[,]' N.J.S.A. 2C:58-3(c)(2); 'any person who knowingly falsifies any information ...

docket:	a2534-20
court:	NJ Superior Court Appellate Division
decided:	2022-03-15
status:	Unpublished
citation:
Document Size:	27120

34 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

35 IN THE MATTER OF THE APPEAL OF THE DENIAL OF THE APPLICATION BY DANIEL PICORELLI -- rank: 668

... FPIC) and a Permit to Purchase a Handgun (PPH). See N.J.S.A. 2C:58-3. We affirm. On January 6, 2011, after an investigation by ... be contrary to "the public health, safety or welfare." See N.J.S.A. 2C:58-3(c)(5). The investigation revealed that Picorelli's former girlfriend ... Jersey, one must apply for a FPIC and a PPH. N.J.S.A. 2C:58-3(a), (b). A FPIC and a PPH are issued to ... community in which [they] live[]," unless a statutory disqualifier applies. N.J.S.A. 2C:58-3(c). One such disqualifier is for "any person where the ... in the interest of the public health, safety or welfare." N.J.S.A. 2C:58-3(c)(5). Initially, the chief of police in an applicant ... 524 , 535 (App. Div. 2004) (upholding the trial court's N.J.S.A. 2C:58-3(c)(5) disqualification finding because the court "had a ...

docket:	a3329-11
court:	NJ Superior Court Appellate Division
decided:	2013-11-14
status:	unpublished
citation:
Document Size:	31347

36 IN THE MATTER OF THE APPEAL OF THE DENIAL OF ALFRED L. ESPOSITO JR.\u0027S APPLICATION, ETC. -- rank: 663

... Division is required to conduct a de novo review. See N.J.S.A. 2C:58-3(d); In re Dubov, 410 N.J. Super. 190, 200 ... Because the TRO was dismissed, the judge declined to consider N.J.S.A. 2C:58-3(c)(6) that provided '[a] handgun purchase permit or [FPIC ... APPELLANT IS SUBJECT TO DISQUALIFICATION TO FIREARMS OWNERSHIP PURSUANT TO N.J.S.A. 2C:58-3(C)(5) DUE TO PAST CONDUCT WITHOUT MAKING SPECIFIC FINDINGS ... FIREARMS OWNERSHIP (NOT ARGUED BELOW). POINT II: THE CONSTITUTIONALITY OF N.J.S.A. 2C:58-3(C)(5) IS CURRENTLY BEING CHALLENGED IN THE NEW JERSEY SUPREME COURT AND SHOULD NOT CONSIDER THE ISSUE SINCE N.J.S.A. 2C:58-3(C)(5) IS PENDING APPEAL BEFORE THE NEW JERSEY SUPREME ... 7 At the outset we reject Esposito's argument that N.J.S.A. 2C:58-3(c)(5) is unconstitutionally vague, overbroad, and violative of ...

docket:	a2991-22
court:	appellate
decided:	2024-06-25
status:	Unpublished
citation:
Document Size:	22528

37 IN THE MATTER OF THE SEIZURE OF WEAPONS BELONGING TO T.Z. -- rank: 654

... weapons would threaten the public health, safety or welfare under N.J.S.A. 2C:58-3(c)(5). In particular, the court erred in considering Malcolm ... to the 'public health, safety or welfare,' as provided by N.J.S.A. 2C:58-3(c)(5). In re J.W.D., 149 N.J ... J.S.A. 2C:25-21(d)(3); then citing N.J.S.A. 2C:58-3(c)(5)); see also In re F.M., 225 N ... 116. The catch-all 'public health, safety or welfare' disqualifier, N.J.S.A. 2C:58-3(c)(5), encompasses unfitness to possess firearms not covered by ... crime or a disorderly persons offense involving domestic violence. See N.J.S.A. 2C:58-3(c). The prosecutor must prove a threat A-4395-16T4 ... not define 'a threat to public health, safety or welfare,' N.J.S.A. 2C:58-3(c)(5), the courts have found certain factors suggestive ...

docket:	a4395-16
court:	NJ Superior Court Appellate Division
decided:	2019-03-01
status:	Unpublished
citation:
Document Size:	32621

38 IN THE MATTER OF THE APPEAL OF THE DENIAL OF THE APPLICATION FOR FIREARMS PURCHASER IDENTIFICATION CARD AND PERMITS TO PURCHASE A HANDGUN N.M -- rank: 652

... Police Craig Dispenza denied N.M.'s application based on N.J.S.A. 2C:58- 3(c)(5), finding that issuance would not be in the ... requiring community references constitutes an added requirement in violation of N.J.S.A. 2C:58-3(c)(5); (3) the court erred by basing its decision ... 2445-21 8 primarily on hearsay and speculation; and (4) N.J.S.A. 2C:58-3(c)(5) is unconstitutional pursuant to N.Y. State Rifle ... K., 440 N.J. Super. 394, 397 (App. Div. 2015). N.J.S.A. 2C:58-3 governs the purchase of firearms, including the issuance of FPICs and HPPs. Pursuant to N.J.S.A. 2C:58-3(c)(5), no FPIC 'shall be issued . . . [t]o any ... its amplification letter and required community references in violation of N.J.S.A. 2C:58-3(f)3. We are not persuaded. 3 N.J. ...

docket:	a2445-21
court:	NJ Superior Court Appellate Division
decided:	2023-11-14
status:	Unpublished
citation:
Document Size:	26566

39 IN THE MATTER OF THE GRANTING OF THE APPLICATION FOR A FIREARMS PURCHASER'S IDENTIFICATION CARD AND FOUR PERMITS TO PURCHASE A HANDGUN BY ANTHONY JARVIS -- rank: 652

... application form. We agree, finding that a plain reading of N.J.S.A. 2C:58- 3(c)(1) compels denial of the application. We reverse for ... PER SE BARRED FROM BEING ISSUED FIREARMS PERMITS PURSUANT TO N.J.S.A. 2C:58-3(C)(1) AND WHERE RESPONDENT KNOWINGLY FALSIFIED HIS FIREARMS APPLICATION PURSUANT TO N.J.S.A. 2C:58- 3(C)(3). II. We recognize that our scope of review ... to carry a gun in New Jersey is carefully regulated. N.J.S.A. 2C:58-3(c)(1) and (c)(3) read in relevant part: No ... permit or firearms purchaser identification card . . . . A-3144-20 5 N.J.S.A. 2C:58-3(c)(1)-(3). III. The State argues the applicant is ... or gun permits because of sections one and three of N.J.S.A. 2C:58-3(c). Section (c)(3) addresses the disqualification of persons ...

docket:	a3144-20
court:	NJ Superior Court Appellate Division
decided:	2022-05-05
status:	Unpublished
citation:
Document Size:	15245

40 IN RE APPLICATION OF JUSTIN BLASKO FOR THE RETURN OF FIREARMS AMMUNITION, AND OTHER PROPERTY -- rank: 650

... his firearms and ammunition, that he is not fit under N.J.S.A. 2C:58-3(c)(5) to possess those items. This appeal followed. In ... concerned a similarly worded antecedent statute, which analysis applies to N.J.S.A. 2C:58-3. Osworth , supra , 365 N.J. Super. at 77. This archive ...

docket:	a3848-10
court:	NJ Superior Court Appellate Division
decided:	2012-06-22
status:	unpublished
citation:
Document Size:	149482

41 IN THE MATTER OF THE SEIZURE OF WEAPONS BELONGING TO A. K -- rank: 647

... for forfeiture of A.K.'s weapon and FPIC under N.J.S.A. 2C:58-3(c)(5). Judge Mark T. Janeczko conducted a three- day ... determines that the weapon's owner suffers from a 'disability,' N.J.S.A. 2C:58-3(c), or that the domestic violence action has not been ... omitted) (quoting Cordoma, 372 N.J. Super. at 533). Under N.J.S.A. 2C:58-3(c)(8), '[n]o handgun purchase permit or [FPIC] shall ... firearm, that right is limited where certain statutory 'disabilities' under N.J.S.A. 2C:58-3(c) exist. A-2046-20 10 Accordingly, '[t]he [s ... afflicted with one of the legal 'disabilities' enumerated in under N.J.S.A. 2C:58-3(c).' Cordoma, 372 N.J. Super. at 533. Among those ... in the interest of the public health, safety or welfare[.]' N.J.S.A. 2C:58-3(c)(5). In addition, a FPIC 'may be revoked ...

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

42 IN THE MATTER OF THE REVOCATION OF M.L.'S1 FIREARMS PURCHASER IDENTIFICATION CARD AND COMPELLING THE SALE OF HIS FIREARMS -- rank: 645

... improperly concluded he was disqualified from firearms ownership and that N.J.S.A. 2C:58-3(c)(5) is unconstitutionally vague, overbroad, and violates the Second ... the firearm removed and his FPIC revoked. This appeal followed. N.J.S.A. 2C:58-3 governs the purchase of firearms, including the issuance and revocation ... thereof no longer qualifies for the issuance of the permit.' N.J.S.A. 2C:58-3(f). At the time the Law Division heard and decided ... character of temperament necessary to be entrusted with a firearm[.] [ N.J.S.A. 2C:58-3(c)(5) (emphasis added).] In In re The Appeal of ... conjunction with the specific disabilities identified under various subsections of N.J.S.A. 2C:58- -3(c), but where the facts do not quite rise to ... the sort that should exclude him from gun ownership under N.J.S.A. 2C:58-3(c), asserting he did not destroy any property, commit ...

docket:	a2663-21
court:	NJ Superior Court Appellate Division
decided:	2023-05-03
status:	Unpublished
citation:
Document Size:	26248

43 IN THE MATTER OF JOSEPH REINA -- rank: 643

... was contrary to the public health, safety, and welfare under N.J.S.A. 2C:58-3(c)(5).2 The court entered an order denying Reina ... In rendering its decision, the court applied the version of N.J.S.A. 2C:58-3 in effect when the Dunellen Police Chief approved the application ... not subject to any of the disabilities set forth in [N.J.S.A. 2C:58-3],' and the applicant otherwise satisfied other statutorily prescribed standards. N ... 2022 amendments also modified the 'disqualifying criteria set forth in' N.J.S.A. 2C:58-3(c)(5) that must be considered in determining whether an ... App. Div. 2023) (explaining the December 22, 2022 amendments to N.J.S.A. 2C:58-3 and -3(c) and finding those amendments applicable to applications ...

docket:	a0638-22
court:	NJ Superior Court Appellate Division
decided:	2023-06-27
status:	Unpublished
citation:
Document Size:	21707

44 IN RE APPEAL OF THE DENIAL OF THE APPLICATION OF Z.L. -- rank: 641

... a present danger to "public health, safety and welfare" under N.J.S.A. 2C:58-3(c)(5). Appellant further argues that the Law Division denied ... 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 handgun permits ... 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 ... one of the listed disqualifications. However, as we explained earlier, N.J.S.A. 2C:58-3(c)(5) is intended to address issues of individual unfitness ... that firearms may be forfeited by a defendant pursuant to N.J.S.A. 2C:58-3(c) and 2C:25-21(d)(3) because "the defendant ... determined that the defendant was both a habitual drunkard, under N.J.S.A. 2C:58-3(c)(2), and posed a threat to the public ...

docket:	a5848-12
court:	NJ Superior Court Appellate Division
decided:	2015-04-22
status:	published
citation:	440 N.J.Super. 351 113 A.3d 791
Document Size:	26846

45 IN THE MATTER OF THE APPEAL FROM THE DENIAL OF A FIREARMS IDENTIFICATION CARD AND HANDGUN PERMIT TO PETER GOLDRING -- rank: 641

... Petitioner next sought relief from the Law Division pursuant to N.J.S.A. 2C:58-3(d); however, the trial court agreed with the Howell Township ... Class A conviction in New York statutorily barred petitioner under N.J.S.A. 2C:58-3(c)(1) because it was equivalent to a maximum penalty ... Identification Card, or a permit to purchase a handgun under [N.J.S.A. 2C:58-3(c)(1)]. Winston is also dispositive as to the issue ... HIS APPLICATION FOR A FIREARMS PURCHASER IDENTIFICATION CARD PURSUANT TO N.J.S.A. 2C:58-3(c)(1). The right to bear arms is guaranteed by ... To any person who has been convicted of any crime . . . . [N.J.S.A. 2C:58-3(c)(1).] The chief of police of the municipality where ... determines whether to grant or deny the FPIC or permit, N.J.S.A. 2C:58-3(d), and must grant the applications 'unless good cause ...

docket:	a2464-20
court:	NJ Superior Court Appellate Division
decided:	2022-05-04
status:	Unpublished
citation:
Document Size:	16742