August 5, 2009
IN RE APPLICATION OF DENNIS PETERSON FOR FIREARMS IDENTIFICATION CARD
On appeal from the Superior Court of New Jersey, Law Division, Warren County, A-01-07-2112.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Submitted January 14, 2008
Decided February 11, 2008; Remanded by Supreme Court January 22, 2009; Decision after remand - August 5, 2009
Before Judges Rodríguez and Collester.
The Supreme Court granted Certification and summarily remanded for reconsideration our February 11, 2008 opinion in light of M.S. v. Millburn Police Department, 197 N.J. 236 (2008).
Upon reconsideration, we have been apprised that there was no forfeiture hearing because the applicant voluntarily consented to forfeiture of his weapon.
Therefore, the matter is remanded to the Law Division, Warren, for a hearing on whether or not the State can show applicant is prohibited from being granted a Firearms Identification Card for a reason articulated under the Domestic Violence Prevention Act as required by M.S. v. Millburn Police Department.
Remanded. We do not retain jurisdiction.
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