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In re Appeal of the Denial of the Application of Paolucci

April 15, 2008

IN THE MATTER OF THE APPEAL OF THE DENIAL OF THE APPLICATION OF ROBERT PAOLUCCI FOR A FIREARMS PURCHASER IDENTIFICATION CARD AND HANDGUN PURCHASE PERMIT.


On appeal from the Superior Court of New Jersey, Bergen County, Law Division, L-07-19.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Argued April 8, 2008

Before Judges Coburn and Grall.

Appellant, Robert Paolucci, applied for permits to purchase firearms. The Chief of Police denied the permit because Paolucci lied on his application by failing to disclose convictions for two disorderly persons offenses and for purposely failing to answer questions respecting treatment by mental health providers.

Paolucci appealed to the Law Division. After trial, Judge Harris delivered an oral opinion affirming the denial. Paolucci then filed the subject appeal.

After carefully considering the record and briefs, we affirm substantially for the reasons expressed by Judge Harris in his oral opinion of May 2, 2007. In short, under the applicable statute, one cannot be granted a permit if he "knowingly falsifies any information on the application form . . . ." N.J.S.A. 2C:58-3(c)(3). Although defendant provided reasons for his falsification, he admitted that he knowingly gave false information to the Chief of Police. Consequently, Judge Harris was obliged to deny the permit.

Affirmed.

20080415

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