Domestic Violence By Police Officer Found Unfit For Duty

F.M., a police officer, fought against the domestic violence claims of G.M., his wife, and defeated her attempt to obtain a final restraining order against him. However, although the Superior Court of New Jersey, Morris County, Family Part Judge hearing the matter refused to grant the final restraining order, the State of New Jersey moved to take control of F.M.’s firearms pursuant to N.J.S.A. 2C:58-3(c)(5) which outlines the guidelines for the purchase of firearms in New Jersey. The Honorable Thomas J. Critchley, Jr. required F.M. to attend certain counseling and intervention programs and undergo a Fitness for Duty evaluation. Upon completion of his court ordered counseling, F.M. sought the return of his weapons in a hearing where substantial testimony with regard to prior incidents of domestic violence at the hands of F.M. was provided by G.M. Judge Critchley, after hearing the testimony of G.M. and the State’s witnesses, denied the State’s motion including in his opinion that F.M. and G.M. had a lengthy history in the Morris County Family Court to which the State’s expert psychologists were not privy yet the judges within the court were well acquainted. The N.J. Appellate Division affirmed Judge Critchley’s ruling with regard to the return of F.M.’s firearms. The N.J. Supreme Court granted certification and, In The Matter of Applications Of State of New Jersey For Forfeiture of Personal Weapons and Firearms Identification Card Belonging to F.M., concluded that the Family Part judge misinterpreted the statute as requiring the F.M. suffer from a specific disorder in order to be prohibited from possession his firearms and also misapplied the statute by requiring the State to prove “more than just a showing that some danger might exist” when the State was only required to meet the “preponderance of the evidence” standard in showing that F.M.’s possession of firearms was against the interest of the public health, safety and welfare. The N.J. Supreme Court found that the evidence presented by G.M. with regard to prior acts of domestic violence against her by F.M. and the testimony of two licensed psychologists who both concluded that F.M., based on his lack of self-control and inability to deescalate situations with his own wife, was unfit to perform the duties of a police officer. A Fitness for Duty evaluation by one of the psychologists further concluded that F.M. was a danger to himself and others and should be stripped of his weapons. If you are charged with domestic violence or seeking a final restraining order against an abuser, there are specific burdens of proof for both parties in proving or disproving the charges making it critical that you obtain experienced criminal defense counsel to represent you in such matters. For more information regarding domestic violence, restraining orders, assault, battery and other criminal law issues in NJ visit DarlingFirm.com. This blog is for informational purposes only and not intended to replace the advice of an attorney.

NJ Handgun Permit Guidelines To Be Updated

Handgun permit processing in New Jersey is undergoing updates. On April 8, 2016, Acting Attorney General Robert Loughy issued new directives regarding uniformity in processing designed to limit instances of extreme delay and other problems. N.J.S.A. 2C:58-3 sets forth the application procedures and forms which are to be utilized by permit issuing bodies and no deviation is permitted. Agencies are prohibited from applying personal views regarding civilian firearms regulation, requiring additional forms, requiring additional information from applicants or otherwise deviating from the standards set forth. Gun permit issuing agencies have a 30 day time period to review applications under N.J.S.A. 2C:58-3(f), unless the applicant's life is in specific danger in which case the gun permit application review period is decreased to 14 days. Disqualification occurs upon conviction of an indictable crime or a disorderly persons domestic violence offense. Interestingly, in spite of these steps toward uniformity, there is also a very broad category for disqualification which allows issuing bodies discretion to deny a handgun permit or firearms purchaser identification card if the "issuance would not be in the interest of the public health, safety or welfare." N.J.S.A. 2C:58-3(c)(5). The New Jersey State Police are charged with the drafting of uniform investigation standards. In addition, there are to be updates to Firearms Transport Guidelines. Pursuant to N.J.S.A. 2C:39-6, transport of a firearm that is unloaded and secured in a fastened case or gun box or inside of a locked trunk is permitted directly between a home and business, place of purchase and home or business, directly from a home or business to a range or place of hunting, between a home or business and a gun repair shop or licensed gun dealer and between residences when moving. There are also undefined "reasonably necessary" deviations permitted in the route of transportation including the purchase of fuel, food, beverages, medication and other supplies; use of a restroom, pickup or discharge of passengers, emergencies, detours and other reasons. The reasonability of the deviation and lawfulness of transport is subject to the judgment of the officer encountering an individual undertaking transport. If you have been denied the right to a carry permit after meeting all criteria to obtain one you should seek an experienced attorney to assist you in your matter. If you are caught illegally carrying firearms the penalties can be severe making it well worth the effort to seek a permit to carry legally. For more information about gun or weapon possession, possession of weapons during a drug related offense, armed robbery, possession of a handgun without a permit, use or possession of a gun in the commission of a crime, illegal weapons, unlawful possession of a weapon or possession of a weapon while on parole or probation visit DarlingFirm.com. This blog is for informational purposes and not intended to replace the advice of an attorney.