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76 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:	a1900-99
court:	njappellate
decided:	2000-08-01
status:	published
citation:	<a href=
Document Size:	39144

77 IN THE MATTER OF THE APPLICATION OF SCOTT BOARDMAN TO APPEAL THE DENIAL OF A FIREARMS PURCHASER ID CARD -- rank: 595

... application for a duplicate firearms purchaser identification card (FPIC). See N.J.S.A. 2C:58-3. Boardman had moved to a different address since obtaining the ... pad note was not the certification required by the statute, N.J.S.A. 2C:58-3(c)(3). It did not indicate that Boardman's disability ... J.S.A.  2A:151-33 is the predecessor to N.J.S.A. 2C:58-3. III Boardman disputes the trial judge's conclusion that he ... on proper certification by a medical doctor or psychiatrist. See N.J.S.A. 2C:58-3(c)(3). In this case, however, no certification was supplied ... that Boardman was still an alcoholic within the meaning of N.J.S.A. 2C:58-3(c)(3) was fully justified. Indeed, this is one of ... it unsafe for an applicant to handle a firearm. See N.J.S.A. 2C:58-3(c). Our Legislature has decided that alcoholism should bar ...

docket:	a4866-11
court:	New Jersey Superior Court Appellate Division
decided:	2013-06-19
status:	Published
citation:
Document Size:	27331

78 IN THE MATTER OF APPLICATION OF JEREMY PEREZ -- rank: 593

... by the Paterson Police Department. Relying on subsection f of N.J.S.A. 2C:58-3, Perez argued that by conditioning issuance of purchaser identification cards ... he did in the Law Division, that subsection f of N.J.S.A. 2C:58-3 precludes what the Paterson Police Department has done — adding ... with the plain meaning of subsections e and f of N.J.S.A. 2C:58-3. The statute, N.J.S.A. 2C:58-3, could not be clearer on the point raised here. Pursuant ...

docket:	a0498-12
court:	NJ Superior Court Appellate Division
decided:	2014-01-08
status:	unpublished
citation:
Document Size:	16368

79 IN RE FIREARMS APPLICATION OF DAVEANAND DURGA -- rank: 591

... firearms purchaser identification card in accordance with the provisions of N.J.S.A. 2C:58-3, is guilty of a crime of the third degree." The ...

docket:	a1289-06
court:	New Jersey Superior Court Appellate Division
decided:	2008-07-25
status:	unpublished
citation:
Document Size:	40630

80 IN RE FIREARMS APPLICATION OF DAVEANAND DURGA -- rank: 591

... firearms purchaser identification card in accordance with the provisions of N.J.S.A. 2C:58-3, is guilty of a crime of the third degree." The ...

docket:	a3908-06
court:	New Jersey Superior Court Appellate Division
decided:	2008-07-25
status:	unpublished
citation:
Document Size:	40630

81 IN RE APPLICATION OF A.J.J. FOR A PERMIT TO CARRY A HANDGUN, ETC. -- rank: 591

... permit to carry a handgun. The court found that under N.J.S.A. 2C:58- - 3(c)(5), the issuance of a permit to petitioner 'would ... OR WELFARE' OR THAT PETITIONER LACKS 'CHARACTER OF TEMPERAMENT' PER N.J.S.A. 2C:58- 3[(c)](5). POINT 3 THE COURT BELOW ERRED BECAUSE PETITIONER ... of the A-0493-22 7 disabilities set forth in' N.J.S.A. 2C:58-3(c), and the applicant otherwise satisfied the statutorily prescribed standards ...

docket:	a0493-22
court:	appellate
decided:	2024-07-31
status:	Unpublished
citation:
Document Size:	18906

82 STATE OF NEW JERSEY v. JAMES E. GRANT, JR. -- rank: 586

... one count of third-degree unlawful possession of a weapon, N.J.S.A. 2C:58-3 and N.J.S.A. 2C:39-5(c)(1 ...

docket:	a5023-13
court:	NJ Superior Court Appellate Division
decided:	2017-06-27
status:	unpublished
citation:
Document Size:	67575

83 IN THE MATTER OF THE SEIZURE OF WEAPONS BELONGING TO W.W. -- rank: 586

... he posed a threat to public safety, health, or welfare. N.J.S.A. 2C:58-3(c)(5). We affirm. The judge conducted a testimonial hearing ... weapons. The judge found the State met its burden under N.J.S.A. 2C:58-3(c)(5) by a preponderance of the evidence, finding 'no ... 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. A-0634 ... 443 N.J. Super. 48, 58 (App. Div. 2015). Under N.J.S.A. 2C:58-3(c)(5), firearms or FPIC shall not be issued '[t ... not 'in the interest of public health, safety, or welfare.' N.J.S.A. 2C:58-3(c)(5). We are satisfied the State met its burden ... seek forfeiture of W.W.'s weapons and FPIC under N.J.S.A. 2C:58-3. A-0634-20 12 firearms and FPIC must be ...

docket:	a0634-20
court:	NJ Superior Court Appellate Division
decided:	2021-10-06
status:	Unpublished
citation:
Document Size:	22084

84 STATE OF NEW JERSEY v. KIRBY LENIHAN -- rank: 584

... power authorizes the Legislature to regulate firearms. Id. at 102. N.J.S.A. 2C:58-3(c)(5) prohibits the issuance of a firearms purchaser identification ...

docket:	a4667-10
court:	NJ Superior Court Appellate Division
decided:	2012-08-13
status:	published
citation:	427 N.J.Super. 499 49 A.3d 415
Document Size:	51796

85 Eric Morillo v. Monmouth County Sheriff Officers -- rank: 575

... 58-2 (describing license required for retail sale of firearms); N.J.S.A. 2C:58-3 (describing required permit to purchase handgun and identification card required ...

docket:	A-88-13
court:	NJ Supreme Court
decided:	2015-07-13
status:
citation:	222 N.J. 104 117 A.3d 1206
Document Size:	89788

86 /usr/local/share/www/libweb/collections/courts/appellate/a0688-19.opn.html -- rank: 575

... b) (count three), third-degree unlawful possession of a shotgun, N.J.S.A. 2C:58-3 and N.J.S.A. 2C:39-5(c)(1 ...

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87 IN THE MATTER OF THE APPEAL FOR THE DENIAL OF A PERMIT TO PURCHASE A HANDGUN OF D.A. -- rank: 568

... the interest of the public health, safety or welfare' under N.J.S.A. 2C:58-3(c)(5). Appellant filed an appeal to the Law Division ... the interest of the public health, safety or welfare' under N.J.S.A. 2C:58-3(c)(5). The judge explained: Here, [appellant] has been diagnosed ... POINT 3 APPELLANT WAS DENIED DUE PROCESS IN OFFENSE TO N.J.S.A. 2C:58-3(f) AND IN RE FIREARMS PURCHASER ID BY Z.K ... Twp. Comm. of Manalapan, 140 N.J. 366, 378 (1995). 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). We also reject appellant's argument that ...

docket:	a1013-17
court:	NJ Superior Court Appellate Division
decided:	2019-03-11
status:	Unpublished
citation:
Document Size:	17894

88 IN THE MATTER OF THE APPEAL OF THE DENIAL OF D.P.'S APPLICATION FOR A FIREARMS PURCHASER IDENTIFICATION CARD AND A HANDGUN PURCHASE PERMIT -- rank: 566

... s 'knowing falsification of [the] FPIC application, and that's [ N.J.S.A.] 2C:58-3(c)(3) as well as [ N.J.S.A.] 2C:58-3(c)(5), it would not be in the interest of ... An application for an FPIC and HPP is governed by N.J.S.A. 2C:58-3. The statute provides: No handgun purchase permit or firearms purchaser ... in the interest of the public health, safety or welfare . . . . [ N.J.S.A. 2C:58-3(c)(3) and (5).] Here, Judge Kazlau denied D.P ... in completing his application requiring denial of the application under N.J.S.A. 2C:58-3(c)(3). In addition, D.P.'s failure to reveal ... in the interest of the public health, safety or welfare.' N.J.S.A. 2C:58-3(c)(5); see also Osworth, 365 N.J. Super. ...

docket:	a0545-19
court:	NJ Superior Court Appellate Division
decided:	2021-05-03
status:	Unpublished
citation:
Document Size:	17953

89 /usr/local/share/www/libweb/collections/courts/appellate/a3216-18.opn.html -- rank: 566

... Union City Police Department, serve[d] as a disqualifier under' N.J.S.A. 2C:58- 3(c)(5). The trial court heard testimony from M.P ... The court, in an oral opinion, denied the application under N.J.S.A. 2C:58- 3(c)(5), which provides: No person of good character and ... Osworth, 365 N.J. Super. 72, 78 (App. Div. 2003). N.J.S.A. 2C:58-3(c)(5) is a provision 'intended to relate to cases ... in the 'interest of the public health, safety or welfare,' N.J.S.A. 2C:58-3(c)(5), because of his continued poor judgment in various ... application on the basis of public health, safety, or welfare, N.J.S.A. 2C:58-3(c)(5). We fully agree with that assessment. To the ...

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90 IN THE MATTER OF THE APPLICATION OF PEJMAN ROHANI FOR A FIREARMS PURCHASER IDENTIFICATION CARD AND PERMITS TO PURCHASE A HANDGUN -- rank: 562

... in the interest of the public health, safety or welfare." N.J.S.A. 2C:58-3(c)(5). The court's order followed a denial by ... From No Per Se Statutory Disqualifier To Firearm Possession Under N.J.S.A. 2C:58-3(c). Point 4 The Court Below Erred By Basing Its N.J.S.A. 2C:58-3(c)(5) Denial Upon Hearsay And Speculation, And The Facts ... Longstanding" And Does Not Rise Above Rational Basis Scrutiny. A. N.J.S.A. 2C:58-3(c)(5) is unconstitutionally vague. We focus on Rohani's ... 45. The initial decision is made by the police chief. N.J.S.A. 2C:58-3(d). Although a court considers a permit application de novo ... making authority, which is assigned by statute to the chief. N.J.S.A. 2C:58-3(d). Consistent with that decision-making responsibility, testimony in ...

docket:	a6249-12
court:	NJ Superior Court Appellate Division
decided:	2015-01-02
status:	unpublished
citation:
Document Size:	29440