In re Return of Weapons to J.W.D.

The opinion of the Court was delivered by

POLLOCK, J.

The dispositive legal issue is whether a defendant in an action under the Prevention of Domestic Violence Act, N.J.S.A 2C:25-17 to -33 (“Domestic Violence Act” or the “Act”), is entitled to the return of firearms if the trial court, after dismissing the domestic violence complaint, concludes that the defendant poses a threat to public health, safety, or welfare. The Chancery Division, Family Part, held that defendant posed such a threat, notwithstanding its prior dismissal of the domestic violence complaint. Consequently, the court ordered…