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In Re Application of Justin Blasko For the Return of Firearms

June 22, 2012

IN RE APPLICATION OF JUSTIN BLASKO FOR THE RETURN OF FIREARMS,
AMMUNITION, AND OTHER PROPERTY.



On appeal from the Superior Court of New Jersey, Law Division-Criminal Part, Passaic County, Docket No. 09-2276.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted April 18, 2012

Before Judges Lihotz and St. John.

Appellant Justin Blasko appeals from a March 18, 2011 Superior Court order denying his application for the return of seized firearms, ordering the surrender of his Firearms Purchaser Identification Card (FPIC), and permitting the State to dispose of the seized firearms and ammunition. The judge found Blasko failed to safely store his weapons, by leaving them in plain view, accessible to a third party. From these facts, he concluded Blasko's conduct was contrary to the public health, safety or welfare.

On appeal Blasko argues:

POINT 1.

THE COURT BELOW CREATED AN UNCONSTITUTIONAL REQUIREMENT AS A BASIS FOR DENIAL THAT DIRECTLY CONTROVERTS THE U.S. SUPREME COURT.

POINT 2.

JUSTIN BLASKO PRESENTS NO DISQUALIFIER TO FIREARM POSSESSION.

POINT 3.

THE COURT BELOW ERRED BY MAKING AN UNFOUNDED DETERMINATION THAT APPELLANT POSSESSED AN UNLAWFUL FIREARM.

A. THE COURT BELOW ERRED BY MAKING AN UNFOUNDED DETERMINATION THAT JUSTIN POSSESSED AN "ASSAULT RIFLE."

B. EVEN IF TRUE, MERE PAST POSSESSION OF AN "ASSAULT FIREARM" DOES NOT CONSTITUTE A PER SE REASON TO DENY PRESENT FIREARM POSSESSION, PARTICULARLY AFTER THE RIGHT TO KEEP ARMS HAS BEEN INCORPORATED AS A FUNDAMENTAL, INDIVIDUAL RIGHT.

POINT 4.

APPELLANT MAY NOT BE DENIED A FUNDAMENTAL, INDIVIDUAL, CONSTITUTIONAL RIGHT UNDER THESE CIRCUMSTANCES.

POINT 5.

THE COURT BELOW ERRED BY PROVIDING NO FORM ...


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