NJ’s Firearm Permit Revocation Law Provides No Basis for the Forfeiture of Firearms

Locked Chained Gun Firearms Ban
Appellate Court Recognizes That NJ’s Firearm Permit Revocation Law “Provides No Basis for the Forfeiture of Already Possessed Firearms.”

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 have no per se disqualifier to firearm possession (e.g., no criminal conviction, no restraining order, no mental health commitment, etc.).

How long Acevedo may be disqualified from receiving a permit to purchase firearms remains unclear. The licensing statute does not specify a time period of ineligibility, and people may re-apply for New Jersey firearm permits even if previously denied. While the State argued that Acevedo should be revoked into perpetuity, neither court made such a determination.

Matter of Benjamin Acevedo, vs New Jersey

The Appellate Court declined to consider Acevedo’s Constitutional arguments and otherwise found Acevedo’s Second Amendment assertions without merit.


Evan Nappen
Evan Nappen

About Evan Nappen:

Evan Nappen (www.EvanNappen.com) is a criminal defense attorney who has focused on New Jersey firearms and weapons law for over 23 years. He is the author of the New Jersey Gun Law Guide. Visit his website at www.EvanNappen.com

  • 9 thoughts on “NJ’s Firearm Permit Revocation Law Provides No Basis for the Forfeiture of Firearms

    1. Author: Larry B.
      Comment:
      Well good for you Ron. Your self absorbed comment is a lot of help to those you left behind. Unfortunately cancer has a way of spreading. Enjoy your 2A freedoms now, from wherever you are, and fight to keep them, lest the cancer prods for and finds a weak point in your state’s border’s trip wire or you’ll be moving again, – and again, – and again, until retreat is no longer a solvable option.

      Happy in SC. Larry! Spent 38 yrs there and 30 here. LOVE IT! Get out and vote and quit whining!

    2. The Supremacy Clause of the US Constitution, which is the SUPREME LAW OF THE LAND, found in Article Six, states that any law or regulation that does not comply with the US Constitution, is null and void from inception, and no one has a duty to obey or enforce it. If they do, then they are breaking the SUPREME LAW OF THE LAND, and may be recognized as waging war against the SUPREME LAW OF THE LAND, which in my book is TREASON. President Kennedy warned us about these tyrannical dirtbags in his “Warning to America” speech. Google it and hear it for yourself and tell everyone you know that we are under full assault now by these pussilanemous finks who would deprive us of our rights and enslave us.

    3. I bought a 1st edition of Evan’s book. He signed it for me, too. I learned so much about NJ firearms law from that book. Anyone living in NJ wanting to own or already owning firearms needs that book in their library. Anyone owning firearms moving to NJ needs that book, as well. I’m sure it’s been updated a few times since I bought mine in the 90’s, but it is vital to as NJ keeps punishing law abiding firearms owners.

      1. Well good for you Ron. Your self absorbed comment is a lot of help to those you left behind. Unfortunately cancer has a way of spreading. Enjoy your 2A freedoms now, from wherever you are, and fight to keep them, lest the cancer prods for and finds a weak point in your state’s border’s trip wire or you’ll be moving again, – and again, – and again, until retreat is no longer a solvable option.

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