Search Rutgers Law Library N.J. Court Opinions

61 IN THE MATTER OF THE APPLICATION OF THE STATE OF NEW JERSEY FOR DISPOSITION OF WEAPONS BELONGING TO D.S. -- rank: 620

... Chief Bracco investigated whether D.S. had any disabilities under N.J.S.A. 2C:58-3(c). His investigation included searching the police department's computer ... Jersey are required to apply for a FPIC and permit. N.J.S.A. 2C:58-3(a) to (b); N.J.A.C. 13:54-2 ... obtain a firearm, subject to the disabilities set forth in N.J.S.A. 2C:58-3(c). These disabilities include, in pertinent part, 'any person where ... to the [PDVA] . . . and whose firearm has not been returned.' N.J.S.A. 2C:58-3(c)(5) and (8). The statute is A-3426-16T4 ... thereof no longer qualifies for the issuance of such permit.' N.J.S.A. 2C:58-3(f). The proceedings are conducted in a summary fashion, with ... 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 ...

docket:	a3426-16
court:	NJ Superior Court Appellate Division
decided:	2019-02-11
status:	Unpublished
citation:
Document Size:	25645

62 STATE OF NEW JERSEY v. JOSHUA GAUDETTE STATE OF NEW JERSEY, - v. MARIO VEGA - -- rank: 616

... to N.J.S.A. 2C:39-10(a) and N.J.S.A. 2C:58-3(a), because there was no evidence that the defendant had ... violating N.J.S.A. 2C:39-10(a) and N.J.S.A. 2C:58-3(a). The question in Cuccio "was whether defendant had received ... as to be subject to the purchase permit requirement of N.J.S.A. 2C:58-3(a)." 350 N.J. Super. at 256 (emphasis added). Here ...

docket:	a0548-06
court:	New Jersey Superior Court Appellate Division
decided:	2009-02-23
status:	unpublished
citation:
Document Size:	100017

63 IN THE MATTER OF THE SEIZURE OF WEAPONS BELONGING TO G.Z. -- rank: 616

... confined for a mental condition, the court found that under N.J.S.A. 2C:58-3(c)(3) the burden shifted to respondent to establish that ... s finding that respondent does not have a disqualification under N.J.S.A. 2C:58-3(c) that would prevent him from having the weapons returned ... the weapons were subject to forfeiture under two subsections of N.J.S.A. 2C:58-3(c). First, the State points to subsection (3), which prohibits ... or handicap him [or her] in the handling of firearms . . . .' N.J.S.A. 2C:58-3(c)(3). The State argued that respondent was still under ... in the interest of the public health, safety or welfare.' N.J.S.A. 2C:58-3(c)(5); see also In re Osworth, 365 N.J ... welfare.' J.W.D., supra, 149 N.J. at 116. N.J.S.A. 2C:58- 3(c)(5) 'is 'intended to relate to cases of ...

docket:	a0427-14
court:	NJ Superior Court Appellate Division
decided:	2015-07-29
status:	unpublished
citation:
Document Size:	22826

64 STATE OF NEW JERSEY, - v. MARIO VEGA - -- rank: 616

... to N.J.S.A. 2C:39-10(a) and N.J.S.A. 2C:58-3(a), because there was no evidence that the defendant had ... violating N.J.S.A. 2C:39-10(a) and N.J.S.A. 2C:58-3(a). The question in Cuccio "was whether defendant had received ... as to be subject to the purchase permit requirement of N.J.S.A. 2C:58-3(a)." 350 N.J. Super. at 256 (emphasis added). Here ...

docket:	a6535-05
court:	New Jersey Superior Court Appellate Division
decided:	2009-02-23
status:	Published
citation:
Document Size:	96497

65 /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

66 /usr/local/share/www/libweb/collections/courts/appellate/a2471-20.opn.html -- rank: 611

... a person has any of the legal disabilities listed under N.J.S.A. 2C:58-3(c). The court considered the issuance and dismissal of the ... 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 ... 2471-20 7 Disabilities that would disqualify an individual under N.J.S.A. 2C:58- -3(c) include 'where the issuance would not be in the ... subject to a restraining order issued pursuant to the [PDVA].' N.J.S.A. 2C:58-3(c)(5), (6).5 Even if the domestic violence complaint ... if the individual is subject to any disability enumerated under N.J.S.A. 2C:58-3(c). State v. Cordoma, 372 N.J. Super. 524, 533 ... App. Div. 2004). This is because the legislative intent of N.J.S.A. 2C:58-3(c) is that 'a court should not return weapons ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	16608

67 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

68 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

69 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

70 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

71 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

72 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

73 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

74 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

75 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