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In re Bamburak

May 14, 2009

IN THE MATTER OF JOHN BAMBURAK, JR.


On appeal from the Superior Court of New Jersey, Law Division, Middlesex County.

Per curiam.

RECORD IMPOUNDED

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted March 30, 2009

Before Judges Sabatino and Simonelli.

Appellant John Bamburak appeals from the Law Division order denying his appeal of the denial of his application for a New Jersey Firearms Purchaser's Identification Card and a New Jersey Permit to Purchase a Handgun (the application). We affirm.

On October 18, 2006, Bamburak submitted the application to the Woodbridge Police Department. Question 25 asks,

Have you ever been attended, treated or observed by any doctor or psychiatrist or at any hospital or mental institution on an in-patient or outpatient basis for any mental or psychiatric conditions? If Yes, gives the names & location of the doctor, psychiatrist, hospital and the date(s) of such occurrence.

Bamburak responded, "See attached psychological evaluation supplied."

Anthony Todaro, Ph.D., had performed the psychological evaluation on June 20, 2006. The doctor conducted a one-and-one half-hour clinical interview with Bamburak and his girlfriend, which revealed that Bamburak was previously treated for bipolar disorder with depression and had a history of domestic violence. The doctor also conducted six hours of psychological testing. Based on the interview and testing, the doctor concluded that Bamburak could safely handle a firearm.

Although the psychological evaluation mentioned Bamburak's treatment at Raritan Bay Mental Health Center (the Center), Bamburak did not submit any records from that treatment. Rather, Detective Sergeant Joseph Velez, who conducted the investigation, obtained the Center's records from 1986 to 1994, which revealed a much more extensive psychiatric and domestic violence history than that Bamburak revealed on the application and to Dr. Todaro. For example, and apparently unbeknownst to Dr. Todaro, Bamburak had been diagnosed with dysthymia and episodic and anti-social personality disorder, he had a history of alcohol abuse, he "dropped out of treatment and did not respond to treatment[,]" and he was "not interested in treatment." He also had beaten his ex-wife so severely as to rupture her spleen, requiring its removal. Dr. Todaro did not review the Center's records, did not speak to Bamburak's ex-wife, and did not testify at the hearing.

Velez recommended denial of the application based, in part, on Bamburak's failure to fully disclose his mental health history. The officer discounted Dr. Todaro's psychological evaluation because it only involved one clinical interview and six hours of testing, and he credited the Center's records because they involved treatment over several years. The officer concluded that the Center's records gave "a very sufficient cause for denial [of the application]" on the basis of Bamburak's mental health. The officer also recommended denial based on Bamburak's domestic violence history, and on information the ex-wife provided. The officer also emphasized his concern that Bamburak sought to possess a gun professionally as a member of a security force.

The chief of police denied the application because Bamburak did not reveal his entire mental health history on the application, because of public health, safety and welfare concerns, and because of his mental health and domestic violence histories.

Bamburak appealed to the Law Division. Because of his concerns about the domestic violence, Judge Edward Ryan instructed the prosecutor to obtain the ex-wife's input on the application. She subsequently submitted a letter, making unfavorable ...


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