In Re Application of Boyadjian

828 A.2d 946, 362 N.J. Super. 463, 2003 N.J. Super. LEXIS 276
CourtNew Jersey Superior Court Appellate Division
DecidedAugust 5, 2003
StatusPublished
Cited by9 cases

This text of 828 A.2d 946 (In Re Application of Boyadjian) is published on Counsel Stack Legal Research, covering New Jersey Superior Court Appellate Division primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Application of Boyadjian, 828 A.2d 946, 362 N.J. Super. 463, 2003 N.J. Super. LEXIS 276 (N.J. Ct. App. 2003).

Opinion

828 A.2d 946 (2003)
362 N.J. Super. 463

In the matter of the APPLICATION OF Joseph K. BOYADJIAN.

Superior Court of New Jersey, Appellate Division.

Submitted December 11, 2002.
Decided August 5, 2003.

*947 John L. Molinelli, Bergen County Prosecutor, attorney for appellant State of New Jersey (Susan W. Sciacca, Deputy First Assistant Prosecutor, of counsel and on the brief).

Evan F. Nappen, attorney for respondent Boyadjian.

Before Judges KESTIN, FALL and WEISSBARD.

The opinion of the court was delivered by KESTIN, P.J.A.D.

The State of New Jersey appeals from an order entered in the Law Division on February 1, 2002, overruling the decision of North Arlington's Chief of Police which denied Joseph K. Boyadjian's application for a duplicate firearms purchaser identification card (FPIC). The trial court's order mandated issuance of the card "in accordance with the provisions of N.J.S.A. 2C:58-3."

*948 The order emanated from a two-day evidentiary hearing at which the proofs, for good and ample reason with the consent of the parties, were presented in a different order than recommended in Weston v. State, 60 N.J. 36, 46, 286 A.2d 43, 48 (1972). Three witnesses testified on behalf of the State; except for proffering his application and FPIC, the applicant presented no affirmative evidence. The court then heard argument on behalf of both the applicant and the State. The judge stated the reasons for his decision in a thorough oral opinion at the close of the proceedings.

There is no essential factual dispute. On December 17, 1996, the Kearny Chief of Police issued an FPIC to Boyadjian who, at that time, resided in Kearny, Hudson County. See N.J.S.A. 2C:58-3d. Thereafter, Boyadjian moved to North Arlington, Bergen County. In July, 2001, he applied to the North Arlington Chief of Police for a duplicate FPIC. See N.J.A.C. 13:54-1.11(a). The North Arlington Police Department conducted a full compliance review investigation, including a criminal history check, as required by statute and regulation. N.J.S.A. 2C:58-3e; N.J.A.C. 13:54-1.11(c). On the basis of his department's investigation, the North Arlington Chief of Police denied Boyadjian's application. See N.J.S.A. 2C:58-3c(5). Pursuant to N.J.S.A. 2C:58-3d, Boyadjian sought review in the Law Division.

The first witness at the hearing was Captain Louis M. Ghione of the North Arlington Police Department. His evidence established that the department had received an application for a duplicate FPIC from Boyadjian on the basis of "change of address[.]" It showed a birth date of January 25, 1966, and a current address in North Arlington. The applicant had circled the "yes" answers on the application in response to two questions:

(1) Have you ever been convicted of a disorderly persons offense or adjudged a juvenile delinquent?

and

(2) Have you ever been convicted of a crime that has not been expunged or sealed?

The space for details following the first question contained the following specifics:

1988 Kearny Rec. Stolen Prop. 1992 Lyndhurst Theft of Parts 1997 Bellville [sic] Lewdness

The space for details following the second question contained the notation "See Above." The circled responses provided to all other questions on the form were in the "No" column.

The application was referred to Captain Ghione as the North Arlington Police Department's officer in charge of processing all requests for FPICs and handgun permits. Ghione initiated a routine investigation. His inquiry to the New Jersey State Police regarding criminal history produced a response noting a "current address" in Kearny and a record of the following arrests and dispositions:

Arrest 001 04/23/1987 Unauth use of veh Making false report Disposition: both charges dismissed (Municipal Court

*949 After receiving this information, Ghione communicated with each police department named to verify the arrests and dispositions indicated, and to obtain details. At trial, he presented the documents he had received in response to his inquiries, and he testified as to each. Ghione also testified concerning a certified driving record abstract he had acquired. According to Ghione, the abstract, dated July 14, 2001, showed no history of "a propensity for alcoholism" as would be indicated by "DWI arrests[.]" However, it showed nineteen suspensions of driving privileges, although Ghione could not determine from the abstract whether Boyadjian's driving privileges were "in effect" at the time of trial.

While conducting his investigation, Ghione spoke with Boyadjian, especially concerning the 1993 Kearny arrest for aggravated assault with a deadly weapon which had resulted in charges that were dismissed. Boyadjian acknowledged firing an arrow from a crossbow at an individual who was dating his sister at the time.

Secaucus)
Arrest 002   07/25/1988           Possess stolen prop
Disposition:                      Guilty—receiving stolen veh
(Municipal Court                  Dismissed—unauth use of veh
Kearny)
Susp confinement 10D              Amount assessed $150
Arrest 003   09/02/1992           Damage property
                                  Attempt to commit larc
Disposition:                      Dismissed—damage
(Municipal Court                  prop-private
Lyndhurst)                        Guilty—attempt to commit larc-
                                  parts from veh
                                  Dismissed—burgl tools poss
Amount assessed $575
Arrest 004   09/15/1993           Aggravated assault with weapon
Disposition:                      No bill—Aggravated assault
(Municipal Court                  with weapon
Kearny)                           No bill—Poss weapon unlawful
                                  purpose
Arrest 005   05/26/1997           Terroristic threats
Disposition:                      Dismissed
(Municipal Court
Kearny)
Arrest 006   06/07/1997           Lewdness
Disposition:                      Guilty
(Municipal Court
Belleville)
Probation 1Y                      Amount assessed $507
Criminal History Diversion Program and Felony Conviction Summary
Pre-trial intervention:           000
Conditional discharge:            000
Felony convictions:               000
Violation of probation:           000

*950 Ghione told Boyadjian that he was continuing the investigation but, based on the information compiled to date, he was "leaning" to recommending to the Chief of Police "against [Boyadjian] ... receiving the transfer." Ghione testified that Boyadjian, in response, "expressed that it was very important to him to have his firearms and if we could see through some of the incidents and if I could ... look them over closely so that I'd be able to make a fair evaluation, and I agreed to that, absolutely."

After Ghione concluded his investigation he recommended a denial to the Chief of Police, who concurred. Ghione spoke by telephone with an assistant Bergen County prosecutor and received approval of that decision. He then sent a letter to Boyadjian, dated November 6, 2001, advising of the denial without specifying reasons therefor in the letter, and stating that Boyadjian had the right to seek review of the decision in the Superior Court. Thereafter, Ghione testified, he had at least two discussions with Boyadjian by telephone and in person during which

Mr. Boyadjian explained to me once again that ...

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828 A.2d 946, 362 N.J. Super. 463, 2003 N.J. Super. LEXIS 276, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-application-of-boyadjian-njsuperctappdiv-2003.