In the Matter of the Application of the State of New Jersey for the Forfeiture of Personal Weapons and Firearms…

Summary

The Supreme Court of New Jersey reversed the Appellate Division and remanded for entry of an order forfeiting F.M.'s personal firearm and firearms purchaser identification card, holding that the State satisfied its preponderance‑of‑evidence burden under N.J.S.A. 2C:58-3(c)(5) and that the Family Part misapplied the statutory standard and erred in its factual findings. The Court also rejected the trial judge’s view that the Second Amendment requires a higher burden than a showing of danger.