IN THE MATTER OF THE APPEAL OF THE DENIAL OF M.U.'S APPLICATION FOR A HANDGUN PURCHASE PERMIT, ETC. (GPA-0004-20, BERGEN COUNTY AND STATEWIDE) - Published

    In this case of first impression, the court determines that N.J.S.A. 2C:58-3(c)(5), which precludes the issuance of a handgun purchase permits (HPP) or a firearms purchaser identification card (FPIC) "where the issuance would not be in the interest of the public health, safety or welfare" is constitutional, applying the analytic paradigm adopted by the United States Supreme Court's recent Second Amendment decision in New York State Rifle & Pistol Association v. Bruen, 597 U.S. ___, 142 S. Ct. 2111 (2022).  Considering the historical traditions and analogues present leading up to and during the ratification of the Second Amendment, the court holds that N.J.S.A. 2C:58-3(c)(5) "is consistent with this Nation's historical tradition of firearm regulation," and that individuals who engaged in repetitive misconduct without being convicted of a crime or felony-equivalent offense, are not "law-abiding citizens" whom the Second Amendment protects.  

    The court also holds that expunged records may be considered when determining whether to grant a HPP or revoke a FPIC.  The court affirms the denial of appellant's HPP application and revocation of his previously issued FPIC.  

    The court reverses the forfeiture and compelled sale of appellant's firearms under N.J.S.A. 2C:58-3(f), which addresses revocation of FPICs and carry permits but provides no basis for the forfeiture of firearms already possessed.