Search Rutgers Law Library N.J. Court Opinions

1 IN THE MATTER OF D.F. -- rank: 1000

... Id. at 4. The Act contains eight statutory factors under N.J.S.A. 2C:58- 23(f), and seven additional factors were promulgated in Administrative Directive ... and guideline factors. The judge noted the factors enumerated in N.J.S.A. 2C:58-23(f)(1)-(3), namely, the 'history of threats or acts ... violence by [appellant] to establish any of the grounds for [ N.J.S.A. 2C:58- 23(f)(1)-(3)].' The judge gave little weight to N.J.S.A. 2C:58-23(f)(5), which requires the court to consider whether a ... judge gave no weight to the allegations. The judge addressed N.J.S.A. 2C:58-23(f)(7), whether a respondent 'has any history of drug ... under factor [seven].' The judge found no evidence to support N.J.S.A. 2C:58-23(f)(8), whether a respondent 'has recently acquired a ...

docket:	a0798-20
court:	NJ Superior Court Appellate Division
decided:	2021-11-04
status:	Unpublished
citation:
Document Size:	47116

2 IN THE MATTER OF P.L. -- rank: 996

... to issue a TERPO or FERPO (factors one through eight). N.J.S.A. 2C:58-23(f). Administrative Directive #19-19: Guidelines for Extreme Risk Protective ... The State Failed to Satisfy Its Burden of Proof Under N.J.S.A. 2C:58-23(f). A-2813-21 7 B. The Reasoning of the ... Division Does Not Support the Entry of a FERPO Under N.J.S.A. 2C:58-23(f). II. THE DECISIONS IN HELLER,2 McDONALD,3 AND ... STATES SUPREME COURT REQUIRE AN ENHANCED BURDEN OF PROOF UNDER N.J.S.A. 2C:58-23(c). A. Like many other states, New Jersey 'adopted a ... card, handgun purchase permit, and handgun carry permit.' Ibid. (citing N.J.S.A. 2C:58-23 (authorizing TERPOs); N.J.S.A. 2C:58-24 (authoring ... whether to issue a TERPO. Id. at 401-02 (citing N.J.S.A. 2C:58-23). Then, after conducting a plenary hearing, the court decides ...

docket:	a2813-21
court:	NJ Superior Court Appellate Division
decided:	2023-06-20
status:	Unpublished
citation:
Document Size:	38197

3 IN THE MATTER OF J.M -- rank: 996

... purchaser identification card, handgun purchase permit, and handgun carry permit. N.J.S.A. 2C:58-23 (authorizing TERPO); N.J.S.A. 2C:58-24 (authorizing ... it will issue a temporary order to remove firearms. See N.J.S.A. 2C:58-23. Then, after a plenary hearing, the court decides if it ... the petitioner to be controlled or possessed by the respondent. [N.J.S.A. 2C:58-23(b).] In determining whether to issue a TERPO or FERPO ... has recently acquired a firearm, ammunition, or other deadly weapon. [N.J.S.A. 2C:58-23(f).] A-1026-20 4 Guideline 3(d) requires the ... injury to the respondent or others by' possessing a firearm. N.J.S.A. 2C:58-23(e); see also Guideline 4(a). The court may grant ... under oath the petitioner and any witness the petitioner presents. N.J.S.A. 2C:58-23(d); Guideline 3(c). [D.L.B., 468 N. ...

docket:	a1026-20
court:	NJ Superior Court Appellate Division
decided:	2023-01-26
status:	Unpublished
citation:
Document Size:	44373

4 IN THE MATTER OF D.L.B. -- rank: 990

... purchaser identification card, handgun purchase permit, and handgun carry permit. N.J.S.A. 2C:58-23 (authorizing TERPO); N.J.S.A. 2C:58-24 (authorizing ... it will issue a temporary order to remove firearms. See N.J.S.A. 2C:58-23. ____________________ reducing-gun-violence/commentary-extreme-risk-protection-order-model- legislation ... or control of, owning, possessing, purchasing or receiving a firearm.' N.J.S.A. 2C:58-23(a); N.J.S.A. 2C:58-21 (defining 'petitioner ... separate procedures for petitions filed against law enforcement officers. See N.J.S.A. 2C:58-23(l); AG Directive § 5. 5 A-1035-20 The ... provide available information about the respondent's firearms and ammunition. N.J.S.A. 2C:58-23(b); see also Guideline 2(e). Before deciding to issue ... has recently acquired a firearm, ammunition, or other deadly weapon. [N.J.S.A. 2C:58-23(f).] Guideline 3(d) requires a court to consider ...

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

5 IN THE MATTER OF F.H -- rank: 843

... purchaser identification card, handgun purchase permit, and handgun carry permit. N.J.S.A. 2C:58-23 (authorizing TERPO); N.J.S.A. 2C:58-24 (authorizing ... it will issue a temporary order to remove firearms. See N.J.S.A. 2C:58-23. Then, after a plenary hearing, the court decides if it ... has recently acquired a firearm, ammunition, or other deadly weapon. [N.J.S.A. 2C:58-23(f).] Guideline 3(d) requires the court to consider three ... D.L.B., 468 N.J. Super. at 405 (quoting N.J.S.A. 2C:58-23(e)).] When determining whether to grant a FERPO, the court must consider the N.J.S.A. 2C:58-23(f) factors 'as well as any other relevant evidence.' N ... must hold a hearing, at which it shall consider the N.J.S.A. 2C:58-23(f) factors, 'as well as any other evidence including, ...

docket:	a0243-21
court:	NJ Superior Court Appellate Division
decided:	2023-02-15
status:	Unpublished
citation:
Document Size:	36661

6 IN THE MATTER OF B.T.L -- rank: 831

... the record. In applying the eight factors set forth in N.J.S.A. 2C:58-23(f)(1) to (8), the judge found by a preponderance ... history of threats or acts of violence directed toward others, N.J.S.A. 2C:58-23(f)(1); (2) a history of use, attempted use, or ... of physical force directed A-4327-19 7 toward others, N.J.S.A. 2C:58-23(f)(2); and (3) a prior arrest for a violent disorderly persons offense or domestic violence offense, N.J.S.A. 2C:58- 23(f)(5). The judge gave significant weight to B.T ... she did not expressly find that he satisfied factor seven, N.J.S.A. 2C:58-23(f)(7) ('has any history of drug or alcohol abuse ... firearm, ammunition, or other deadly weapon[,]' A-4327-19 8 N.J.S.A. 2C:58-23(f)(8), he was in possession of a large ...

docket:	a4327-19
court:	NJ Superior Court Appellate Division
decided:	2022-03-02
status:	Unpublished
citation:
Document Size:	22109

7 IN THE MATTER OF J.E. -- rank: 792

... into evidence. In applying the eight factors set forth in N.J.S.A. 2C:58-23(f)(1) to (8), the court found by a preponderance ... plan' to harm himself and the dog by the holidays, N.J.S.A. 2C:58-23(f)(1); and (2) a history of use, attempted use, or threatened use of physical force directed towards others, N.J.S.A. 2C:58-23(f)(2), based on the wife's concern her husband ... dealing with the recent acquisition of a weapon, were inapplicable. N.J.S.A. 2C:58-23(f)(3) to (8). The court highlighted: That [J.E ... consider when deciding whether issuance of an FERPO is warranted. N.J.S.A. 2C:58-23(f)(1) to (8). No factor is determinative. Instead, after ... has recently acquired a firearm, ammunition, or other deadly weapon. [N.J.S.A. 2C:58-23(f).] Additionally, courts should consider 'any other relevant evidence' ...

docket:	a3694-20
court:	NJ Superior Court Appellate Division
decided:	2022-09-30
status:	Unpublished
citation:
Document Size:	19323

8 IN THE MATTER OF D.Z -- rank: 732

... its conclusion that factors one and two were implicated under N.J.S.A. 2C:58-23(f). It found factor one applied because D.Z. 6 ... 0066-22 13 In considering whether to grant a FERPO, N.J.S.A. 2C:58-23(f) requires the court to consider whether the person against ... Nevertheless, the court properly analyzed the factors set forth in N.J.S.A. 2C:58-23(f) and determined respondent posed a significant danger to others ...

docket:	a0066-22
court:	NJ Superior Court Appellate Division
decided:	2024-01-17
status:	Unpublished
citation:
Document Size:	30950

9 IN THE MATTER OF A.N.H. -- rank: 713

... up treatment.' The judge then considered the FERPO factors under N.J.S.A. 2C:58-23(f) as applied to A.N.H. Factors one through ... has recently acquired a firearm, ammunition, or other deadly weapon. [N.J.S.A. 2C:58-23(f).] If a judge finds at least one of the ... arguments: POINT I THE COURT BELOW ERRED BY FINDING THAT N.J.S.A. 2C:58-23(f)(8) APPLIES SINCE APPELLANT HAS NOT RECENTLY PURCHASED A ... POINT IV PER BRUEN, DENIAL OF SECOND AMENDMENT RIGHTS UPON N.J.S.A. 2C:58-23(f)(8)'S 'RECENTLY ACQUIRED A FIREARM, AMMUNITION, OR ANOTHER ... the trial judge when deciding whether to issue a FERPO. N.J.S.A. 2C:58-23(f)(1) to (8). No single factor is determinative. After ...

docket:	a2298-21
court:	NJ Superior Court Appellate Division
decided:	2023-11-29
status:	Unpublished
citation:
Document Size:	27808

10 IN THE MATTER OF D.J -- rank: 710

... purchaser identification card, handgun purchase permit, and handgun carry permit. N.J.S.A. 2C:58-23 (authorizing [the issuance of a temporary extreme risk protective order ... it will issue a temporary order to remove firearms. See N.J.S.A. 2C:58-23. Then, after a plenary hearing, the court decides if it ... or control of, owning, possessing, purchasing, or receiving a firearm.' N.J.S.A. 2C:58-23(a). The court 'shall issue the order if [it] finds ... or control of, owning, possessing, purchasing, or receiving a firearm.' N.J.S.A. 2C:58-23(e). After issuing a TERPO, the court forwards the TERPO and information about the FERPO hearing to the petitioner. N.J.S.A. 2C:58-23(i)(1); N.J.S.A. 2 A-0546-20 ...

docket:	a0546-20
court:	NJ Superior Court Appellate Division
decided:	2021-11-03
status:	Unpublished
citation:
Document Size:	11501

11 IN THE MATTER OF L.C -- rank: 652

... these allegations. Next, Judge Foti found the following factors under N.J.S.A. 2C:58-23(f) supported the issuance of a FERPO: one ('history of ... has recently acquired a firearm, ammunition, or other deadly weapon. [N.J.S.A. 2C:58-23(f).] Prior to issuing a FERPO, however, the court must ... grant a FERPO, the court must not only consider the N.J.S.A. 2C:58-23(f) factors 'as well as any other relevant evidence,' N ...

docket:	a3099-21
court:	NJ Superior Court Appellate Division
decided:	2024-03-08
status:	Unpublished
citation:
Document Size:	25211

12 IN THE MATTER OF K.M.D -- rank: 630

... poses a significant danger of bodily injury to [him]self . . . .' N.J.S.A. 2C:58-23(f)(1). He found the evidence of appellant 'purportedly staring ... Id. at 402. The Act contains eight statutory factors under N.J.S.A. 2C:58-23(f), and seven additional factors were promulgated in Administrative Directive ... intent in them to promulgate aggravating or mitigating factors. The N.J.S.A. 2C:58-23(f) statutory factors are not aggravating factors because they 'comprise ...

docket:	a3089-20
court:	NJ Superior Court Appellate Division
decided:	2022-11-23
status:	Unpublished
citation:
Document Size:	17831

13 JOSE DALUZ VS. HORACIO PEREIRA, ET AL. -- rank: 369

... be filed with the clerk of the court . . .' (emphasis supplied)); N.J.S.A. 2C:58-23 ('a petitioner may file a petition . . . for a temporary extreme ...

docket:	a1688-22
court:	appellate
decided:	2024-04-19
status:	Unpublished
citation:
Document Size:	44179