NJ’s Firearm Permit Revocation Law Provides No Basis for the Forfeiture of Firearms
By Evan Nappen
New Jersey – -(AmmoLand.com)- In an opinion released this week, In the Matter of Benjamin Acevedo, the New Jersey Appellate Division recognized that New Jersey’s firearm permit revocation law “provides no basis for the forfeiture of already possessed firearms.”
“At issue in the matter was a mere licensing revocation hearing. No forfeiture statute or Due Process procedures were presented,” said Louis P. Nappen, Esq., who briefed the appeal on behalf of Acevedo, but whose firm Evan F. Nappen Attorney at Law PC, did not represent Acevedo at trial.
Nappen continued, “The county judge relied solely upon a licensing statute to revoke a Firearms Purchaser ID Card and, in the words of the Appellate Court, ‘in the same breath,’ baselessly granted State’s forfeiture of firearms motion.”
Even though the trial court found that Acevedo should not be granted a permit to purchase firearms “in the interest of public health, safety or welfare,” Mr. Acevedo is not disqualified from firearm possession under N.J.S. 2C:39-7’s certain person not to possess weapons.
In other words, the Appellate Court found it improper to force people to surrender firearms when they …Read the Rest
Source:: AmmoLand
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