On appeal from Superior Court of New Jersey, Law Division, Hudson County.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Before Judges Cuff and Fuentes.
Appellant Richard Maczuga appeals from the order of the Law Division affirming the decision of the Chief of Police of the City of Bayonne which denied appellant's application for the issuance of a firearm purchaser identification card (FPIC). N.J.S.A. 2C:58-3(b). After conducting a de novo review of the information provided by appellant to the Chief of Police, and considering the testimony presented at an evidentiary hearing, the court concluded that appellant was statutorily ineligible for an FPIC under N.J.S.A. 2C:58-3(c)(3). We affirm.
Appellant is sixty years old. He served in the military from 1966 to 1967. He is a licensed chiropractor and has resided in the City of Bayonne for the past eighteen years. A year prior to this application, he had been issued an FPIC by the Bayonne Chief of Police. On February 12, 2007, appellant submitted an application for the issuance of an FPIC to the Bayonne Chief of Police. Among the questions appellant was required to answer, under oath, were questions number twenty-two and twenty-five, which read as follows:
(22) Have you ever been confined or committed to a mental institution or hospital for treatment or observation of a mental or psychiatric condition on a temporary interim or permanent basis? If Yes, give the name and location of the institution or hospital and the date(s) of such confinement or commitment.
(25) Have you ever been attended, treated or observed by any doctor or psychiatrist or at any hospital or mental institution on an inpatient or outpatient basis for any mental or psychiatric condition? If Yes, give the name & location of the doctor, psychiatrist, hospital or institution and the date(s) of such occurrence.
Appellant answered "no" to both of these questions.
An investigation conducted by the relevant law enforcement revealed that on February 10, 1995, officers from the Bayonne Police Department responded to a call alleging that appellant was in his chiropractic office, in possession of a handgun, and was threatening to commit suicide. Responding to questions posed by the Assistant Prosecutor at the evidentiary hearing, appellant gave the following description of what occurred:
Q: Okay. Let's go back to the incident back in 1995. You worked -- you had a gun at that time; correct?