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 Results for ("N.J.S.A. 2c:58-3")   1 to 15 of 139 results. Run time: 0.791 seconds | Search time: 0.784 seconds    
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1 M.S. v. Millburn Police Department, et al. -- rank: 1000
... unanimous Court. The essential issue in this case is whether N.J.S.A. 2C: 58-3 (c) (8), a disability provision of the Gun Control Law ... therefore he was permanently barred from possessing a firearm under N.J.S.A. 2C: 58-3 (c) (8), a disability provision of the Gun Control Law ... ordered return of the card, finding that the addition of N.J.S.A. 2C: 58-3 (c) (8) to the Gun Control Law in 2004 should ... 1997 domestic violence complaint and were not returned to him, N.J.S.A. 2C: 58-3 (c) (8), applied retroactively, forbids the return of his firearms ... Court does not conclude, as the Appellate Division did, that N.J.S.A. 2C: 58-3 (c) (8) applies whenever a firearm seized pursuant to the ... a handgun were set forth in the Gun Control Law. N.J.S.A. 2C: 58-3 (c). Thus, at a hearing under the Domestic Violence ...
docket: a-80-08
court:
decided: 2008-12-23
status:
citation: 197 N.J. 216
Document Size: 82217
2 Inthe Matter of the Application of the State of New Jersey for the Forfeiture of Personal Weapons and Firearms Identification Card Belonging to F.M. -- rank: 950
... to -35 (Domestic Violence Act), should be forfeited pursuant to N.J.S.A. 2C:58-3(c)(5) based on the State’s claim that rearming ... in the interest of public health, safety or welfare.” N.J.S.A. 2C:58-3(c)(5). At the evidentiary hearing on the State’s ... F.M. is not disqualified from possessing a firearm under N.J.S.A. 2C:58-3(c)(5). The appellate panel remanded the matter for the ... ’s personal weapon and identification card is inconsistent with N.J.S.A. 2C:58-3(c)(5) and, therefore, F.M.’s weapon and identification card are forfeited. 1. N.J.S.A. 2C:58-3(c) provides that a “person of good character and ... of 1991 . . . and whose firearm has not been returned[.]” N.J.S.A. 2C:58-3(c)(5) and (8). N.J.S.A. 2C: ...
docket: A-60-14
court: NJ Supreme Court
decided: 2016-06-30
status:
citation: 225 N.J. 487 139 A.3d 67
Document Size: 124284
3 IN THE MATTER OF THE APPLICATION FOR A NEW JERSEY FIREARM PURCHASER IDENTIFICATION CARD -- rank: 835
... order of the Law Division denying his application pursuant to N.J.S.A. 2C:58-3(d) for licensing to purchase two handguns. Among other contentions ... s handgun permit application within thirty days, as required by N.J.S.A. 2C:58-3(f). Rather, five months after McGovern filed his application, the ... McGovern requested a hearing before the Law Division pursuant to N.J.S.A. 2C:58-3(d) to review the denial of his application. The hearing ... for McGovern to prove he was not disqualified under the N.J.S.A. 2C:58-3 for a handgun permit. The Assistant Prosecutor representing Jersey City ... appeal, McGovern argues: (1) Jersey City is expressly preempted by N.J.S.A. 2C:58-3 from demanding information from an applicant that is not required ... not disqualified under any of the conditions set forth in N.J.S.A. 2C:58-3(c); (4) the Police Chief violated statutory provisions with ...
docket: a1282-12
court: NJ Superior Court Appellate Division
decided: 2014-04-28
status: unpublished
citation:
Document Size: 45833
4 IN THE MATTER OF APPLICATION OF JONATHAN R. WHEELER -- rank: 821
Original Wordprocessor Version This case can also be found at 433 N.J.Super. 560 or 81 A.3d 728. (NOTE: The status of this decision is Published .) NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-3704-11T4 I ...
docket: a3704-11
court: NJ Superior Court Appellate Division
decided: 2013-12-30
status: published
citation: 433 N.J.Super. 560 81 A.3d 728
Document Size: 171384
5 IN RE SARCO, INC. -- rank: 803
... J.S.A. 2C:58-2 in pari materia with N.J.S.A. 2C:58-3. It urges that such reading is proper because these sections ... 58-2 should have been read in pari materia with N.J.S.A. 2C:58-3. We disagree. These two provisions, and N.J.S ... as they are concerned with the conduct of the business. N.J.S.A. 2C:58-3 is relevant only to the personal qualifications of employees ...
docket: a1161-08
court: NJ Superior Court Appellate Division
decided: 2011-04-13
status: unpublished
citation:
Document Size: 56910
6 IN THE MATTER OF THE APPLICATION FOR A RETAIL FIREARMS DEALER'S LICENSE RENEWAL BY CAYUSE CORP LLC -- rank: 765
... bar court from considering underlying facts in deciding application under N.J.S.A. 2C:58-3). But a court may not rely on unproved allegations in ... at 46, that the hearing on a permit application under N.J.S.A. 2C:58-3 should begin with testimony of the applicant, followed by the ... burden of persuasion must testify first in the hearing under N.J.S.A. 2C:58-3, the party without the burden of persuasion in a hearing ... Dubov , supra , which involved an application for a FPIC under N.J.S.A. 2C:58-3. We held that the court's failure to conduct a ... the State to prove grounds to deny an application under N.J.S.A. 2C:58-3, that statute creates a right to receive the permit or ...
docket: a4229-11
court: NJ Superior Court Appellate Division
decided: 2016-03-28
status: published
citation: 445 N.J.Super. 80 136 A.3d 418
Document Size: 53283
7 RETURN OF WEAPONS IN THE MATTER OF R.B. -- rank: 740
... a person who would be eligible to maintain firearms under N.J.S.[A.] 2C:58-3(c). The defendant argues——strike that. The State argues ... ibid. , as a basis for precluding possession of firearms under N.J.S.A. 2C:58-3. We observed: Although the domestic violence complaint filed against ... complainant appeared coerced to withdrawher domestic violence complaint); N.J.S.A. 2C:58-3(c). In this regard, the State argues that [the wife ...
docket: a2211-08
court: superior court appellate division
decided: 2010-11-04
status: unpublished
citation:
Document Size: 63701
8 In re Application for Permit to Carry a Handgun of Calvin Carlstrom -- rank: 731
... not subject to any of the disabilities set forth in [ N.J.S.A. 2C:58-3(c)(1) to (10)],” N.J.S.A. 2C:58-4(c); see also N.J.S.A. 2C:58-3(c) (“No person of good character and good repute ... the interest of the public health, safety or welfare.” N.J.S.A. 2C:58-3(c)(5). In addition to demonstrating that he or she is not subject to one of N.J.S.A. 2C:58-3(c)’s restrictions, the applicant must also demonstrate to ... not subject to any of the disabilities set forth in [N.J.S.A. 2C:58-3(c)], that he is thoroughly familiar with the safe handling ...
docket: a-63-18
court: NJ Supreme Court
decided: 0000-00-00
status:
citation:
Document Size: 33354
9 STATE OF NEW JERSEY v. R.A. -- rank: 717
... rendered him unfit pursuant to one of the provisions of N.J.S.A. 2C:58-3. III. Defendant having waived his right to a hearing stipulates ... history with the courts' and 'serious mental health history.' Citing N.J.S.A. 2C:58-3(c)(5), the judge determined defendant was not entitled to ... COMPELLING EVIDENCE PRESENTED THAT REFUTED THE DISQUALIFICATIONS SET FORTH IN N.J.S.A. 2C:58-3(c)(3). A. THE TRIAL COURT FAILED TO RECOGNIZE THAT ... EVIDENCE REGARDING [DEFENDANT] OVER- COMES ANY DISQUALIFICATION SET FORTH IN N.J.S.A. 2C:58-3(c)(3). A-4104-16T3 9 B. [DEFENDANT]’S ... SHOULD NOT BE DISQUALIFIED FROM POSSESSING AN FPIC PURSUANT TO N.J.S.A. 2C:58-3(c)(5). C. SINCE [DEFENDANT]’S FORFEITURE OF HIS ... expert psychological evidence, which overcame any disqualification set forth in N.J.S.A. 2C:58-3(c)(3), is misplaced. As the State counters, the ...
docket: a4104-16
court: NJ Superior Court Appellate Division
decided: 2018-11-20
status: Unpublished
citation:
Document Size: 28441
10 STATE OF NEW JERSEY v. M.D. -- rank: 717
... the State's other two arguments concerning the application of N.J.S.A. 2C:58-3(c)(5), and N.J.S.A. 2C:25-21 ... interest of the public health, safety or welfare, pursuant to N.J.S.A. 2C:58-3(c)(5), which does not require a probable cause finding ... if the court determines the owner is unfit pursuant to N.J.S.A. 2C:58-3(c). 6 Applying these standards, we conclude that once the ... Thus, a summary hearing should have been held, requiring a N.J.S.A. 2C:58-3(c) disabilities analysis to determine if defendant's possession of ... forfeiture petition is based upon the PVDA, and not a N.J.S.A. 2C:58-3(f) application. Lastly, in light of our ruling, we need ... likely to cause annoyance or alarm [.]" 5 The reference to N.J.S.A. 2C:58-3(c) was added by 2003, c.277, sec 4, ...
docket: a1468-14
court: NJ Superior Court Appellate Division
decided: 2015-09-10
status: unpublished
citation:
Document Size: 31381
11 /usr/local/share/www/libweb/collections/courts/appellate/a4042-17.opn.html -- rank: 708
... a handgun purchase permit or firearms purchaser identification card (FPIC). N.J.S.A. 2C:58-3(c)(1). Put differently, a criminal conviction of any crime ... obtaining a permit to purchase a handgun or a FPIC. N.J.S.A. 2C:58-3(c). This ruling was particularly appropriate in view of the ... of firearms and a criminal conviction do not mix.' (citing N.J.S.A. 2C:58-3(c)(1))). Cayuse's remaining arguments involve its attempts to ... pursuant to N.J.S.A. 2C:58-2 and N.J.S.A. 2C:58-3. See State v. McInerney, 450 N.J. Super. 509, 512 ...
docket:
court: NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size: 38936
12 IN THE MATTER OF THE SEIZURE OF WEAPONS BELONGING TO R.M. -- rank: 708
... N.J.S.A. 2C:25-21(d)(3) and N.J.S.A. 2C:58-3(c). Englewood also objected to returning the weapon because respondent ... but to get screened….' The court dismissed the complaint under N.J.S.A. 2C:58-3(c)(3), finding respondent did not suffer from: a physical ... also found the State had not met its burden under N.J.S.A. 2C:58-3(c)(5), because it had not proven respondent was a ... contrary to the public's health, safety and welfare under N.J.S.A. 2C:58-3(c)(5). It also argues the trial court erred by finding respondent was not disqualified under N.J.S.A. 2C:58-3(c)(3) because, following his statement about suicide, he was ... 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: a1029-17
court: NJ Superior Court Appellate Division
decided: 2018-11-19
status: Unpublished
citation:
Document Size: 32322
13 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
14 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
15 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
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