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46 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

47 A-0IN RE E.C PETITION FOR EXPUNGEMENT -- rank: 638

... the interest of the public health, safety or welfare" under N.J.S.A. 2C:58-3(c)(5) (internal quotation marks and citation omitted)). C. There ... not what E.C. would be deemed to waive under N.J.S.A. 2C:58-3, were he to apply in New Jersey for a FPIC ... related applications. Moreover, it is uncertain whether an applicant under N.J.S.A. 2C:58-3 is required to waive the confidentiality of a commitment that ... expungement would relieve H.M.H. of the impact of N.J.S.A. 2C:58-3(c)(1), which bars issuance of a handgun purchase permit ... health treatment — whether in a confined setting or not. N.J.S.A. 2C:58-3(e) states that applicants for permits to purchase a handgun ... A. §§ 921(20), 921(33)(B)(ii), and N.J.S.A. 2C:58-3 includes no comparable provision. However, N.J.S.A. ...

docket:	a3713-13
court:	NJ Superior Court Appellate Division
decided:	2015-05-12
status:	unpublished
citation:
Document Size:	63049

48 IN THE MATTER OF ANTHONY DUBOV -- rank: 632

... application to the East Windsor Township Police Department pursuant to N.J.S.A. 2C:58-3 for a permit to purchase a handgun and a FPIC ... a similar challenge to the constitutionality of the predecessor to N.J.S.A. 2C:58-3(c)(5)[.]" Id. at 196. We also concluded that the ... a person must apply for a permit and a FPIC. N.J.S.A. 2C:58-3. A "person of good character and good repute in the ... statutes. Therefore, Heller has no impact upon the constitutionality of N.J.S.A. 2C:58-3(c)(5). [ In re Dubov , supra , 410 N.J. Super ...

docket:	a1829-10
court:	NJ Superior Court Appellate Division
decided:	2012-01-04
status:	unpublished
citation:
Document Size:	37644

49 STATE OF NEW JERSEY v. ISRAEL HIRALDO -- rank: 632

... 4). Because sections of New Jersey's gun permit statutes, N.J.S.A. 2C:58-3 and -4, were not dependent on a justifiable need requirement ... permit if he applied, regardless of the justifiable need provision. N.J.S.A. 2C:58-3(c). Nor did defendant demonstrate his ability to satisfy the ...

docket:	a2599-21
court:	NJ Superior Court Appellate Division
decided:	2023-11-14
status:	Unpublished
citation:
Document Size:	45422

50 IN THE MATTER OF THE RETURN OF J.M., SR.'S FIREARMS -- rank: 627

... had been left to him by a deceased friend. See N.J.S.A. 2C:58-3(j). The State subsequently applied for the forfeiture of the handguns and petitioner's Firearms Card pursuant to N.J.S.A. 2C:58-3(c)(5) and -3(f). The forfeiture hearing was held ... is not subject to any of the disabilities" described in N.J.S.A. 2C:58-3(c). See N.J.S.A. 5C:58-3(c ... must be based on one of the factors enumerated in N.J.S.A. 2C:58-3(c), as follows: No handgun purchase permit or firearms purchaser ... in connection with other reasons. The State's citation of N.J.S.A. 2C:58-3(c)(3) (prohibiting issuance of permit or Firearms Card to ... in the interest of the public health, safety or welfare." N.J.S.A. 2C:58-3(c)(5). Consequently, we affirm the order on appeal. ...

docket:	a4155-11
court:	NJ Superior Court Appellate Division
decided:	2013-05-28
status:	unpublished
citation:
Document Size:	21932

51 IN THE MATTER OF THE APPLICATION OF WILFREDO ECHEVARRIA TO APPEAL THE DENIAL OF AN APPLICATION FOR A FIREARMS PURCHASER IDENTIFICATION CARD -- rank: 627

... the interest of the public safety, health or welfare under N.J.S.A. 2C:58-3.1, temporary transfer of firearms. Further, the admissions of appellant ... offenses would be an automatic bar to obtaining a [NJFPIC], N.J.S.A. 2C:58-3[(c)](1), the fact of their commission, even absent conviction ... to that of "widows" inheriting guns without a NJFPIC under N.J.S.A. 2C:58-3, is guilty of a crime of the third degree[,]" N.J.S.A. 2C:58-3.1, appellant's journey to his friend's house with ... were, typically in a locked closet, satisfied the requirements of N.J.S.A. 2C:58-3. Weston , supra , 60 N.J. at 46. We are not ... comments. Appellant correctly asserts that there is nothing in either N.J.S.A. 2C:58-3 requiring possession of a NJFPIC to retrieve forfeited weapons ...

docket:	a3745-08
court:	superior court appellate division
decided:	2010-08-20
status:	Unpublished
citation:
Document Size:	38200

52 IN THE MATTER OF THE SEIZURE OF WEAPONS FROM APURBA NATH -- rank: 625

... the interest of the public health, safety or welfare" under N.J.S.A. 2C:58-3(c)(5) (Subsection (c)(5)). I. On four occasions, the ... the interest of public health, safety or welfare pursuant to N.J.S.A. 2C:58-3." He also found that defendant presented a threat to his ... J.S.A. 2C:25-21(d)(3)(b); see N.J.S.A. 2C:58-3(c)(8). II. Defendant appeals, arguing that the evidence failed ... in the interest of the public health, safety or welfare." N.J.S.A. 2C:58-3(c)(5). Thus, "the Legislature intended that courts not return ... that he was "an habitual drunkard" or an "alcoholic" under N.J.S.A. 2C:58-3(c)(2) or (3), respectively. The judge did not rely ... not strictly within the enumerated classes [in other subsections of N.J.S.A. 2C:58-3(c)], should not in the public interest be entrusted ...

docket:	a4645-11
court:	New Jersey Superior Court Appellate Division
decided:	2014-03-03
status:	Published
citation:
Document Size:	23708

53 IN THE MATTER OF THE APPEAL OF THE DENIAL OF THE APPLICATION BY P.M. -- rank: 625

... P.M. from obtaining a FPIC and handgun permit under N.J.S.A. 2C:58-3. The Chief later denied P.M.'s second application due ... a handgun permit would be contrary to the public welfare. N.J.S.A. 2C:58-3(c)(5). The judge reasoned: But, certainly, again, aside from ... the evidence." Osworth , supra , 365 N.J. Super. at 77. N.J.S.A. 2C:58-3(c) directs the issuance of a permit to purchase a ... in the interest of the public health, safety or welfare." N.J.S.A. 2C:58-3(c)(5). "[T]he statutory design is to prevent firearms ... in the interest of the public health, safety or welfare." N.J.S.A. 2C:58-3(c)(5). Cf. State v. Cordoma , 372 N.J. Super ... 535-36 (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:	a2949-13
court:	NJ Superior Court Appellate Division
decided:	2015-04-08
status:	unpublished
citation:
Document Size:	34992

54 IN THE MATTER OF R.J.D. -- rank: 625

... JERSEY SUPREME COURT'S DECISION 2 The order also referenced N.J.S.A. 2C:58-3(c)(1), which prohibits a person who has been convicted ... 2C:58-4(c) (incorporating the disqualifying criteria stated in N.J.S.A. 2C:58-3(c)). A-0747-22 2 IN [IN RE ]CARLSTROM, 240 ... HANDGUN PURCHASE PERMIT' AS ELEMENTALLY REQUIRED FOR A FINDING UNDER N.J.S.A. 2C:58-3[(c)](3). POINT 3 PER BRUEN,[4] [THE] GOVERNMENT MUST ... 2022 amendments also modified the 'disqualifying criteria set forth in' N.J.S.A. 2C:58-3(c)(5), which the court considers in determining whether an ... Div. 2023), where we found the December 2022 amendments to N.J.S.A. 2C:58-3 and -3(c) applicable to applications submitted on or after ...

docket:	a0747-22
court:	NJ Superior Court Appellate Division
decided:	2024-03-11
status:	Unpublished
citation:
Document Size:	13657

55 IN THE MATTER OF THE APPEAL OF THE DENIAL OF F.E.'S APPLICATION FOR A FIREARMS PURCHASER IDENTIFICATION CARD -- rank: 625

... Jersey, a person must first acquire an HPP or FPIC. N.J.S.A. 2C:58-3(a)(1) and (b)(1). A 'person of good character ... disabilities set forth [in the law],' may obtain these permits. N.J.S.A. 2C:58-3(c). '[W]here the issuance would not be in the ... person is not eligible to secure an HPP or FPIC. N.J.S.A. 2C:58-3(c)(5). II. The expunged record. When F.E. applied ... rifle or shotgun, other than an antique rifle or shotgun.' N.J.S.A. 2C:58-3(b)(1). A-4380-17T2 5 The court granted the ... expertise he or [she] appears to have developed in administering [N.J.S.A. 2C:58-3(c)(5)],' which disqualifies an individual from firearm ownership if ... possess firearms. We have determined that 'the statutory design [of N.J.S.A. 2C:58- 3(c)] is to prevent firearms from coming into the ...

docket:	a4380-17
court:	NJ Superior Court Appellate Division
decided:	2019-11-13
status:	Unpublished
citation:
Document Size:	26422

56 STATE OF NEW JERSEY v. ARTHUR VINOGRADSKY -- rank: 623

... State moved for forfeiture of defendant's weapons, asserting that N.J.S.A. 2C:58-3(c)(5) disqualified defendant from firearm ownership. At an evidentiary ... VINOGRADSKY SUFFERS FROM NO STATUTORY DISQUALIFIER TO FIREARM POSSESSION UNDER [ N.J.S.A. ] 2C:58-3(c)(5), AND THE COURT BELOW INCORRECTLY FOUND THAT HE ... PROHIBIT THE DEFENDANT FROM EXERCISING HIS SECOND AMENDMENT RIGHTS UNDER [ N.J.S.A. ] 2C:58-3(c)(5). III. THE COURT ERRED BY MISAPPLYING THE HOLDING ... may be considered when determining whether forfeiture is authorized by N.J.S.A. 2C:58-3(c)(5). More recently, we expressed our agreement with 6 ... owner's unfitness or a danger to the public under N.J.S.A. 2C:58-3(c)(5). State In Interest of C.L.H. , 443 ... and weighed in determining whether to require forfeiture pursuant to N.J.S.A. 2C:58-3(c)(5). We also reject defendant's argument that ...

docket:	a3094-14
court:	NJ Superior Court Appellate Division
decided:	2016-05-24
status:	unpublished
citation:
Document Size:	19235

57 SOUTHERN NEW JERSEY NEWSPAPERS V. TWP. OF MT. LAUREL -- rank: 623

... permit application and my fitness to own a firearm under N.J.S.A. 2C:58-3. Accordingly, an applicant waives his or her right to confidentiality ...

docket:	a-125-94
court:	njsupreme
decided:	1995-07-19
status:
citation:	141 N.J. 56
Document Size:	61799

58 IN THE MATTER OF THE SEIZURE OF WEAPONS BELONGING TO JUAN DELAPRIDA -- rank: 623

... misconstrued the 'public health, safety or welfare' disability" contained in N.J.S.A. 2C:58-3(c)(5). Having considered this argument in light of the ... N.J.S.A. 2C:25-21(d)(3) and N.J.S.A. 2C:58-3(c). Subsequently, Delaprida was admitted into the pre-trial intervention ... not subject to any of the disabilities set forth in [ N.J.S.A. 2C:58-3(c)]." Ibid. Each of these disabilities is "legally sufficient to ... in the interest of the public health, safety or welfare." N.J.S.A. 2C:58-3(c)(5). The PDVA reflects the Legislature's intent "that ... 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 health ... to the level of the disabling conditions set forth in N.J.S.A. 2C:58-3(c)(2) and (3). In In re Osworth , 365 ...

docket:	a3225-12
court:	NJ Superior Court Appellate Division
decided:	2014-04-16
status:	unpublished
citation:
Document Size:	25799

59 STATE OF NEW JERSEY v. P.M. -- rank: 623

... in the interests of the public health safety or welfare[.]" N.J.S.A. 2C:58-3(c)(5); In re Return of Weapons to J.D ... is not subject to any of the disabilities" described in N.J.S.A. 2C:58-3(c). See N.J.S.A. 2C:58-3(c) to (f). Denial of an application must be based on one of the factors enumerated in N.J.S.A. 2C:58-3(c), as follows: No handgun purchase permit or firearms purchaser ... general public, focusing on the fitness criteria set forth in N.J.S.A. 2C:58-3(c)(5), which prohibits the issuance of a handgun purchase ...

docket:	a1549-12
court:	NJ Superior Court Appellate Division
decided:	2013-08-28
status:	unpublished
citation:
Document Size:	35022

60 IN THE MATTER OF RICHARD HUFTEN'S APPLICATION FOR A PERMIT TO CARRY A HANDGUN IN THE MATTER OF THE REVOCATION OF RICHARD HUFTEN'S FIREARMS PURCHASER IDENTIFICATION CARD AND COMPELLING THE SALE OF HIS FIREARMS -- rank: 620

... employees. The State then made an oral application pursuant to N.J.S.A. 2C:58-3(f) to revoke his carry permit and FPIC under the ... the FPIC and carry permit revocation application was heard. Indeed, N.J.S.A. 2C:58-3(f) expressly requires a 'hearing upon notice' to revoke a ... for forfeiture and compelled sale of Huften's firearms under N.J.S.A. 2C:58-3(f), which addresses revocation of FPICs and carry permits. N.J.S.A. 2C:58-3(f) provides no basis for the forfeiture of firearms already ... 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 ... of Cordoma shows that the eight separate disqualifiers outlined in N.J.S.A. 2C:58-3(c), 'any one of which is legally sufficient to ...

docket:	a0473-20
court:	NJ Superior Court Appellate Division
decided:	2022-01-11
status:	Unpublished
citation:
Document Size:	29520