{"id":1365,"date":"2015-04-27T09:25:02","date_gmt":"2015-04-27T13:25:02","guid":{"rendered":"https:\/\/thedurstfirm.com\/?p=1365"},"modified":"2015-04-25T07:37:00","modified_gmt":"2015-04-25T11:37:00","slug":"accusation-of-domestic-violence-can-result-in-loss-of-firearms-permit","status":"publish","type":"post","link":"https:\/\/thedurstfirm.com\/?p=1365","title":{"rendered":"Accusation of Domestic Violence can result in loss of firearms permit"},"content":{"rendered":"<p>While I have no intention of engaging in the political debate surrounding gun control and the 2nd Amendment, the recently decided case out of NJ (summarized below) illustrates the intersection of domestic violence and individual rights.<\/p>\n<p>&nbsp;<\/p>\n<p>It has been long held that if an individual is found to have committed domestic violence, one of the penalties can be the forfeiture of that person&#8217;s NJ firearm&#8217;s purchaser identification card and any firearms owned&nbsp;EVEN if the underlying act of domestic violence does not involve a gun.&nbsp; This is done by a separate judicial proceeding.<\/p>\n<p>&nbsp;<\/p>\n<p>As detailed below, the defendant in this particular case was acquitted of the charge of domestic violence.&nbsp; However, given what appears to be an ongoing history of domestic violence, his purchasers permit was still revoked.&nbsp; Keep in mind, this prevents the purchase of firearms and the forfeiture of any and all firearms owned.&nbsp; This can include guns for hunting, collections, and family heirlooms.<\/p>\n<p><strong>CONSTITUTIONAL LAW | FAMILY LAW<\/strong> 10-2-6533 <em>In Re Appeal of the Denial of the Application for Z.L., <\/em>App. Div. (Kennedy, J.A.D.) (12 pp.) We clarify that an application for a firearms purchaser identification card and handgun permits may be denied in circumstances where the applicant had been accused of assaulting his wife, but acquitted at trial, and where the police responded to his home on several occasions thereafter to address domestic dispute complaints brought by his wife. The application was properly denied pursuant to N.J.S.A. 2C:58-3(c)(5).<\/p>\n<p>&nbsp;<\/p>\n","protected":false},"excerpt":{"rendered":"<p>While I have no intention of engaging in the political debate surrounding gun control and the 2nd Amendment, the recently decided case out of NJ (summarized below) illustrates the intersection of domestic violence and individual rights. &nbsp; It has been &hellip; <a href=\"https:\/\/thedurstfirm.com\/?p=1365\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":false,"jetpack_social_options":{"image_generator_settings":{"template":"highway","default_image_id":0,"font":"","enabled":false},"version":2},"_wpas_customize_per_network":false},"categories":[28],"tags":[32,37,47,89],"class_list":["post-1365","post","type-post","status-publish","format-standard","hentry","category-durstfirm-news","tag-durst","tag-dv","tag-nj","tag-violence"],"jetpack_publicize_connections":[],"jetpack_featured_media_url":"","jetpack_sharing_enabled":true,"jetpack_shortlink":"https:\/\/wp.me\/p6omM8-m1","jetpack_likes_enabled":true,"jetpack-related-posts":[{"id":2538,"url":"https:\/\/thedurstfirm.com\/?p=2538","url_meta":{"origin":1365,"position":0},"title":"Governor Christie strengthens protections to domestic violence victim.","author":"Sandy Durst","date":"January 25, 2017","format":false,"excerpt":"With the signing S2483, NJ Governor Chris Christie to steps designed to provide greater protection to victims of domestic violence.\u00a0 This bill restricts the ability to possess firearms of\u00a0those individuals convicted of committing acts of domestic violence. Abusers would be required to surrender all firearms, firearms purchase permits and firearms\u2026","rel":"","context":"In &quot;Durst Firm News&quot;","block_context":{"text":"Durst Firm News","link":"https:\/\/thedurstfirm.com\/?cat=28"},"img":{"alt_text":"","src":"https:\/\/i0.wp.com\/thedurstfirm.com\/wp-content\/uploads\/2010\/10\/durst-domestic-violence.jpg?resize=350%2C200&ssl=1","width":350,"height":200,"srcset":"https:\/\/i0.wp.com\/thedurstfirm.com\/wp-content\/uploads\/2010\/10\/durst-domestic-violence.jpg?resize=350%2C200&ssl=1 1x, https:\/\/i0.wp.com\/thedurstfirm.com\/wp-content\/uploads\/2010\/10\/durst-domestic-violence.jpg?resize=525%2C300&ssl=1 1.5x, https:\/\/i0.wp.com\/thedurstfirm.com\/wp-content\/uploads\/2010\/10\/durst-domestic-violence.jpg?resize=700%2C400&ssl=1 2x"},"classes":[]},{"id":1323,"url":"https:\/\/thedurstfirm.com\/?p=1323","url_meta":{"origin":1365,"position":1},"title":"NJ takes domestic violence seriously","author":"Sandy Durst","date":"September 23, 2014","format":false,"excerpt":"Contrary to the impression one may get after reading the headlines regarding the Ray Rice situation (which took place in NJ), the law of NJ takes domestic violence seriously.\u00a0 The NJ Assembly recently passed several pieces of legislation that serve to strengthen the existing domestic violence law.\u00a0 Given the time\u2026","rel":"","context":"In &quot;Durst Firm News&quot;","block_context":{"text":"Durst Firm News","link":"https:\/\/thedurstfirm.com\/?cat=28"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":1125,"url":"https:\/\/thedurstfirm.com\/?p=1125","url_meta":{"origin":1365,"position":2},"title":"Domestic Violence and the loss of firearms license","author":"Sandy Durst","date":"June 27, 2013","format":false,"excerpt":"Domestic violence is a serious issue and the State of New Jersey takes the ongoing safety of the victim seriously. The presence of firearms in a volatile relationship only serve to increase the risk of serious harm or even death.\u00a0 Even if the abuser has a valid firearms permit and\u2026","rel":"","context":"In &quot;Durst Firm News&quot;","block_context":{"text":"Durst Firm News","link":"https:\/\/thedurstfirm.com\/?cat=28"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":930,"url":"https:\/\/thedurstfirm.com\/?p=930","url_meta":{"origin":1365,"position":3},"title":"Domestic violence &#038; temporary custody","author":"Sandy Durst","date":"October 23, 2012","format":false,"excerpt":"In a recently decided appellate division case, the panel reaffirmed the current law in NJ which holds that there is a presumption in favor of the victim of domestic violence having temporary custody of the children. Also, it appears, for reasons that are not fully explained in the brief summary,\u2026","rel":"","context":"In &quot;Durst Firm News&quot;","block_context":{"text":"Durst Firm News","link":"https:\/\/thedurstfirm.com\/?cat=28"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":2836,"url":"https:\/\/thedurstfirm.com\/?p=2836","url_meta":{"origin":1365,"position":4},"title":"New basis for obtaining a restraining order added to NJ domestic violence law","author":"Sandy Durst","date":"January 28, 2024","format":false,"excerpt":"www.nj.com\/news\/2024\/01\/coercive-control-is-now-a-form-of-domestic-violence-under-nj-law-heres-what-it-means.html Important changes made to NJ domestic violence law.","rel":"","context":"In &quot;Durst Firm News&quot;","block_context":{"text":"Durst Firm News","link":"https:\/\/thedurstfirm.com\/?cat=28"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":994,"url":"https:\/\/thedurstfirm.com\/?p=994","url_meta":{"origin":1365,"position":5},"title":"No right to appointed counsel in NJ Domestic Violence cases","author":"Sandy Durst","date":"January 28, 2013","format":false,"excerpt":"As reported in the NJ Law Journal, litigants in family court domestic violence cases do not have a right to court appointed attorneys.\u00a0 Given that the consequences of a domestic violence hearing can be significant - no matter what side of the case you may find yourself - retaining the\u2026","rel":"","context":"In &quot;Durst Firm News&quot;","block_context":{"text":"Durst Firm News","link":"https:\/\/thedurstfirm.com\/?cat=28"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]}],"_links":{"self":[{"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=\/wp\/v2\/posts\/1365","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=1365"}],"version-history":[{"count":2,"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=\/wp\/v2\/posts\/1365\/revisions"}],"predecessor-version":[{"id":1369,"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=\/wp\/v2\/posts\/1365\/revisions\/1369"}],"wp:attachment":[{"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=1365"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=1365"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=1365"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}