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Friday, January 2, 2009

M.S. v. Millburn Police Department


The 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 Prevention of Domestic Violence Act of 1991 is not returned to the owner. Rather, the statute imposes a statutory bar to obtaining a gun permit only when a firearm seized in a domestic violence matter is not returned for a reason set forth in the Domestic Violence Forfeiture Statute, N.J.S.A. 2C:25-21 (d)(3).