Legal Opinion
State v. S.A.
New Jersey Superior Court Appellate Division
Decided May 14, 1996PublishedCited by 5 opinions
1Opinion of the Court
The opinion of the court was delivered by
KING, P.J.A.D.
This case involves the right of a defendant in a domestic violence action to the return of three handguns. The State failed to move for forfeiture under N.J.S.A 2C:25-21(d)(l) within 45 days and defendant demanded return of the guns. The State claims that 18 U.S.C.A § 922(g)(8) of the federal firearms statute prohibits return of the guns. We agree that defendant has no immediate right to the guns and reverse the order of the Family Part judge requiring their return to the defendant.
I
A.V., of Jersey City, was involved in a romantic…
2Cases cited3 opinions
- United States v. LopezSupreme Court of the United States · 1995
- Michigan Canners & Freezers Assn., Inc. v. Agricultural Marketing and Bargaining Bd.Supreme Court of the United States · 1984
- A.B. v. L.M.New Jersey Superior Court Appellate Division · 1996
3Cited by5 opinions
- In Re PeiranoSupreme Court of New Hampshire · 2007
- State v. JohnsonNew Jersey Superior Court Appellate Division · 2002
- State v. WahlNew Jersey Superior Court Appellate Division · 2004
- Travieso v. LopezDistrict Court, Virgin Islands · 1998
- State v. SANew Jersey Superior Court Appellate Division · 1996