Appeals Court Upholds Monmouth County Decision to Reject Gun Permit for Aberdeen Man Accused of Domestic Violence

A New Jersey Appeals Court recently upheld the ruling of a Monmouth County Superior Court Judge, denying an Aberdeen man the right to purchase a firearm in New Jersey after he was involved in multiple alleged domestic violence incidents, but never convicted of any charges.

Specifically, a man who has been referred to as “Z.L.” applied for a firearms purchaser ID card in Aberdeen Township in 2013 and was subsequently denied said permit after an investigation by members of the Aberdeen Township Police Department. The investigation reportedly revealed that Z.L. had been accused of committing a domestic violence offense, namely simple assault, against his wife in 1998. Z.L. was acquitted of the charges; however, police were called to his residence another five times in response to alleged domestic disputes in the years that followed.

After applying for a gun permit, a Monmouth County police chief rejected Z.L.’s application. This decision was later supported by Monmouth County Superior Court Judge Ronald Reisner. Z.L. appealed the ruling, taking his case to the three-judge appellate panel that made the most recent decision in this case. The appellate judges who issued their decision found that it is within the purview of New Jersey’s gun control laws to deny a person a firearms purchaser identification card and/or permit if he or she represents a potential danger to “public health, safety, and welfare.”

Although Z.L. may have been accused of an act of domestic violence in the past, he was never found guilty in criminal court. Essentially, this means that the court determined that the evidence did not support a conviction by proving his violent behavior beyond a reasonable doubt. The question then becomes, if he was never legally convicted of an assault offense, how can the State use allegations against him to deny his Second Amendment right to bear arms? Clearly, the law in this area is open to significant interpretation and the recent decision indicates the breadth with which New Jersey gun laws can be applied in various circumstances.

Z.L. may take his case to the State’s highest court for reconsideration. At that time, the New Jersey Supreme Court will have to determine whether or not the state is within its rights to deny his request to purchase a firearm and, more importantly, if others like him will see the same treatment in the future.

For additional information related to this matter, view the following article: Domestic Violence Claims Enough to Deny Gun Permit