Wednesday, November 9, 2016

No Right To Own Firearms If Determined A Danger To The Public Health, Safety and Welfare

Firearms purchaser identification cards and purchase permits may be denied in the event of danger to the "public health, safety and welfare" pursuant to N.J.S.A. 2C:58-39(c)(5) of the New Jersey Gun Control Law. In 1998, Z.L. was acquitted of a domestic violence charge. Between 2003 and 2011 the police were called to the residence of Z.L. and his wife on five separate occasions for domestic violence issues. In 2013, Z.L applied for a gun purchase permit and the police chief denied the application in light of the prior history of domestic violence. The matter was tried and a Monmouth County Superior Court Judge determined that the permit should not be granted. On appeal, the N.J. Appellate Division held that Z.L. has demonstrated the propensity to react violently and that the presence of a firearm in such a situation has the potential for great harm and no permit should be issued to him. For more information about gun laws in New Jersey including obtaining a gun permit, possession of illegal weapons, unlawful possession of a weapon, regulations on BB guns and paintball guns and other weapons offenses visit DarlingFirm.com. This blog is for informational purposes only and not intended to replace the advice of an attorney.

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