Exception for physical disability, mental disorder or alcoholism

N.J.A.C. 13:54-1.6

A permit or identification card may be issued to a person who had previously suffered from a physical defect or disease, or mental disorder, or was an alcoholic if the applicant provides a certificate of a medical doctor or psychiatrist licensed in New Jersey, or other satisfactory proof that he or she is no longer suffering from that particular disability in such a manner that it would interfere with or handicap him or her in the handling of firearms.

Revocation of a firearms purchaser identification card

N.J.A.C. 13:54-1.10

(a) A firearms purchaser identification card may be revoked by the Superior Court of the county wherein the card was issued, after a hearing, and upon a finding that the holder no longer qualifies for the issuance of such a card.

(b) The county prosecutor, any law enforcement officer or any citizen may request a hearing for revocation by applying to the Superior Court of the county in which the card was issued.

(c) Any person having knowledge that a person is subject to any of the disabilities set forth in this subchapter to obtain or possess a permit to purchase a handgun or a firearms purchaser identification card may notify the chief of police, the Superintendent or any other law enforcement officer who may take such action as may be deemed appropriate.

Duplicate firearms purchaser identification card

N.J.A.C. 13:54-1.11

(a) Persons shall apply for a duplicate firearms purchaser identification card to replace a lost, stolen or mutilated card, or in the case of a change of residence by the holder, within 30 days of such loss, theft, mutilation, or change of residence.

(b) The applicant shall complete an application for a duplicate firearms purchaser identification card designated as form STS-3 and a consent for mental health records search designated as form SP 66 and present same to the chief of police in the municipality where the applicant resides or to the Superintendent in all other cases.

(c) It shall be the responsibility of the chief of police of the municipality wherein the applicant currently resides or the Superintendent in all other cases, to conduct a criminal history records check and to determine if the applicant is subject to any of the disabilities as provided by law and this subchapter and to issue the duplicate card, should the applicant qualify. The applicant shall pay the appropriate fee for a Criminal History Record Check as established by N.J.A.C. 13:59 in accordance with N.J.S.A. 53:1-20.5 et seq. (P.L. 1985, c.69).

Written certification; delivery of permit to purchase

N.J.A.C. 13:54-1.8

(a) Any person receiving, purchasing or otherwise acquiring a firearm by exhibiting a firearm purchaser identification card shall sign a written certification on form NJSP 634, which shall indicate that he or she presently complies with all of the requirements for obtaining an identification card and does not suffer from any of the disabilities set forth in this subchapter. The certification shall contain his or her name, address and firearms purchaser identification number or dealer’s license, and any other information deemed necessary by the Superintendent. If the seller is not a licensed dealer, the certification may be retained by the seller or it may be filed with the chief of police of the municipality in which he or she resides or, in all other cases, with the Superintendent. The seller shall retain the certification if he or she is a licensed dealer.

(b) A permit to purchase a handgun shall be issued to the applicant in quadruplicate. Prior to receiving a handgun from the seller, the purchaser must deliver all copies of the permit to the seller, who shall complete all of the information on the required form. Within five days of the sale the seller shall forward the original copy to the Superintendent and the second copy to the chief of police of the municipality where the purchaser resides; provided that in a municipality having no chief of police, the second copy shall be forwarded to the Superintendent. The third copy shall be returned to the purchaser, and the fourth shall be kept by the seller as a permanent record.

Appeal

N.J.A.C. 13:54-1.12

(a) Any person denied a firearms purchaser identification card, a permit to purchase a handgun or a duplicate firearms purchaser identification card may request a hearing in the Superior Court of the county in which he or she resides or in the Superior Court of the county in which his or her application for a firearms purchaser identification card was denied if he or she is a nonresident. The request for a hearing shall be made in writing within 30 days of the denial of the application for a permit, identification card or duplicate identification card. The applicant shall serve a copy of his or her request for a hearing upon the chief of police of the municipality in which he or she resides, if he or she is a resident of New Jersey, and upon the Superintendent in all cases.

(b) Any person denied a firearm purchaser identification card, a permit to purchase a handgun or a duplicate firearms purchaser identification card shall be notified in writing by the issuing authority of the reasons for the denial.

(c) The request for a hearing shall be made in writing within 30 days of the denial, and such request shall also be served upon the chief of police or the Superintendent.

Limitation on fees

N.J.A.C. 13:54-1.14

No fees, other than those established by this chapter or law, shall be assessed or charged to any person by any governmental entity of this State for the processing of applications, or for the proper investigation of applicants for licenses, permits, cards and registrations in accordance with the provisions of this chapter.

Confidentiality of background investigations, permits, firearms identification cards, licenses, certifications, certificates, forms of register, registration statements and applications.

N.J.A.C. 13:54-1.15

Any background investigation conducted by the chief of police, the Superintendent or the county prosecutor, of any applicant for a permit, firearms identification card license, or registration, in accordance with the requirements of this chapter, is not a public record and shall not be disclosed to any person not authorized by law or this chapter to have access to such investigation, including the applicant. Any application for a permit, firearms identification card, or license, and any document reflecting the issuance or denial of such permit, firearms identification card, or license, and any permit, firearms identification card, license, certification, certificate, form of register, or registration statement, maintained by any State or municipal governmental agency, is not a public record and shall not be disclosed to any person not authorized by law or this chapter to have access to such documentation, including the applicant, except on the request of persons acting in their governmental capacities for purposes of the administration of justice.

Variances heard by the Zoning Board:

  • Bulk Variances (“C” Variances): A departure from any provision of a zoning ordinance except use.
  • Use Variances (“D” Variances): A variance granted for a use or structure that is not permitted in the zone. Examples of use variances:
  • Use of principle structure
  • Expansion of non-conforming use
  • Deviation from a specification of standard of a conditional use
  • Increase in permitted floor area ratio
  • Increase in permitted density
  • Height > 10 feet or 10% of the maximum height permitted

Zoning Board of Adjustment

The Zoning Board of Adjustment reviews applications which propose to utilize property in a manner not consistent with municipal zoning laws. They review applications for variances which are, essentially, non-permitted uses and the Board of Adjustment is empowered to grant exceptions to the zoning ordinances in cases where the literal and rigid interpretation and enforcement of the zoning laws would work hardship or injustice.

These “non-permitted uses” are based upon the zoning ordinances established by the Township in accordance with the goals stated in the municipalities’ Master Plan. A simple definition would be the Board “adjusts zoning” for specific applications, circumstances and pieces of property. Buildings, structures and businesses of various types are limited to specific zones. These zones are regulated with respect to category, nature and extent of use, along with specific plot sizes, required building setbacks, lot coverage and other regulations.

In certain situations applying a municipalities zoning ordinance is not just. The injustice could deprive you the landowner your rights under the US and State Constitutions. To avoid that, the Municipal Land Use Law provides the Zoning Board with the power to provide (variances) to adjust the regulations, consistent with fairness or good planning principles. Contact us today if you are getting ready to explore new use and/or development of your land. Our experienced attorneys will help guide you through this process.

What is the first step to starting my divorce?

First off, you will come into our office and meet one of our attorneys in person. The attorney will answer any general questions that you may have during the free consult. These subject may include:

  • Possibility of solving marital problems through counseling or mediation;
  • Assistance to you as a parent in meeting the needs of your children;
  • Separation from your spouse; (D) Dissolving the marriage by divorce;
  • Financial matters involving support, alimony, real estate and personal property;
  • General court procedures;
  • Procedures in the attorney’s office for handling the case;
  • Financial arrangements for legal services and court costs.