NJ Appeals Court: Accusation Sufficient To Deny Handgun Ownership

posted on April 24, 2015

A New Jersey appeals court ruled Wednesday that a man does not need to be convicted of domestic violence to be denied the right to own a handgun—the mere accusation is sufficient to deny his civil rights.

The three-judge panel ruled that a local police chief and Superior Court judge both acted within their authority when they rejected the application of a man seeking a permit to purchase a handgun. A background check showed that the applicant, identified only as Z.L., had been arrested for domestic violence in 1998. Although he wasn’t convicted, the appeals court held that, “The presence of a firearm in such a household enhances the potential for such a reaction to become lethal.”

What that means is that not only is the non-felony of domestic violence sufficient to deny a person’s civil rights in New Jersey—a non-conviction of that non-felony is sufficient, as well.

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