Matter of JWD

693 A.2d 92, 149 N.J. 108
CourtSupreme Court of New Jersey
DecidedMay 6, 1997
StatusPublished

This text of 693 A.2d 92 (Matter of JWD) is published on Counsel Stack Legal Research, covering Supreme Court of New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Matter of JWD, 693 A.2d 92, 149 N.J. 108 (N.J. 1997).

Opinion

149 N.J. 108 (1997)
693 A.2d 92

IN THE MATTER OF RETURN OF WEAPONS TO J.W.D.

The Supreme Court of New Jersey.

Argued January 7, 1997.
Decided May 6, 1997.

*110 James C. Lankford, Assistant Prosecutor, argued the cause for appellant State of New Jersey (Sharon B. Ransavage, Hunterdon County Prosecutor, attorney).

Gary J. Needleman, argued the cause for respondent J.W.D. (Needleman and Schocket, attorneys; Irene A. Cirolla, on the brief).

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 the disposition of defendant's guns under N.J.S.A. 2C:25-21d(3) and N.J.S.A. 2C:58-3c, the statute pertaining to the licensing of firearms. The Appellate Division agreed that the Family Part had the authority to retain and dispose of the weapons, but disagreed with the trial court's finding that defendant posed a threat to the public. 290 N.J. Super. 451, 676 A.2d 138 (1996). It directed the Hunterdon County Prosecutor to return defendant's guns to him. We granted the State's petition for certification. 146 N.J. 496, 683 A.2d 199 (1996). We affirm the holding that the Family Part has the authority to retain and dispose of weapons even after the dismissal of a domestic violence complaint. We remand the matter to the Family Part for further factual findings on the issue of the return to defendant of his weapons.

I

S.D. and defendant, J.W.D., are now divorced. Before their divorce, S.D. filed two domestic violence complaints against defendant *111 in two years. On June 2, 1992, when S.D. filed the first domestic violence complaint, the police confiscated defendant's guns and firearms purchaser identification card. S.D. agreed to dismiss the complaint, separate from defendant, and attend counseling with him.

On dismissal of the complaint, defendant wrote to the Hunterdon County Prosecutor's Office for the return of the guns and the card. In his letter, defendant, who has a Ph.D. in chemistry, explained:

It would be a trivial matter for me to enter any hardware store and leave with enough common materials to fabricate a highly effective firearm and ammunition to use in it. The so called weapons which you have confiscated from me are sporting instruments which amuse me and have great emotional attachment as a result of many happy hours of recreation.

The Hunterdon County Prosecutor's Office returned defendant's weapons and firearms identification card.

S.D.'s and J.W.D.'s attempts at reconciliation failed, and on August 27, 1992, S.D. filed for divorce. While the divorce action was pending, she filed the second domestic violence complaint. The complaint arose out of a confrontation on December 26, 1994, when S.D. went to defendant's house to pick up their son, who was visiting defendant. On filing the complaint, S.D. obtained a temporary restraining order that again required confiscation of defendant's weapons and firearms purchaser identification card. Accordingly, the police confiscated defendant's Browning Challenger .22 caliber semi-automatic long rifle, Star .380 caliber semi-automatic, Remington 700 30-06 caliber bolt action rifle, Remington 870 twelve gauge pump action shotgun, and identification card. Defendant filed a cross-complaint in the domestic violence action.

In a hearing before the Family Part, the following facts emerged. When S.D. went to pick up her son, he was not wearing a new coat that he had worn when he went to defendant's house. S.D. told defendant that she wanted the coat. J.W.D. tried to close the door. S.D. put her foot between the storm door and the house door. She claimed that defendant then tried to push her off the porch.

*112 At the hearing, S.D. presented photographs showing bruises that she sustained as the result of the altercation. Defendant claimed that S.D. had scratched him. S.D. claimed that she scratched J.W.D. while trying to hold onto him after he pushed her so she would not lose her balance. At the conclusion of the hearing, the Family Part dismissed the complaints and dissolved the temporary restraining order.

Defendant then sent a second letter to the Hunterdon County Prosecutor's Office requesting the return of his weapons. In it, he stated that "[t]his law like so many others is being used by women to punish men." Defendant enclosed a copy of the letter he had written to the prosecutor's office when his weapons had been seized as a result of the earlier domestic violence complaint.

After conducting an investigation, which included interviewing S.D., the prosecutor filed an objection to the return of the weapons and identification card to defendant.

II

The weapons hearing proceeded on May 25, 1995, before the same judge who had presided over the domestic violence hearing. S.D. testified about the events of December 26, 1994. She also recounted an incident that had occurred on September 15, 1992, when, shortly after the couple separated, she returned to the marital home to retrieve her belongings. According to S.D., defendant had affixed Post-it notes to the windows stating "Danger, enter at your own risk." Rather than open the door, S.D. peered into the kitchen window, where she saw a device that looked like a spring gun covered with a towel and a cord that seemed to be connected to the door. S.D. believed she would be injured by the contraption if she were to use the door. On looking into the garage, she saw a device under a blanket that looked like a rifle rigged to fire if she entered. S.D. left the premises. She returned later, entered the home through a window, and discovered that the "gun" was a drill under a towel and the "rifle" was a broom attached to a string. The Post-it notes were gone.

*113 S.D. also recounted that in the course of their marriage, defendant would play country-western music, strap on a holster, and walk around the house drawing his gun. She did not know if the gun was loaded during these incidents.

Defendant testified that S.D.'s account of the booby-trapped doors was a "total fabrication" and denied placing the Post-it notes on the windows. Concerning the allegation that he had rigged a drill to look like a gun, he explained, "[i]f there was a tool there, there could have been a towel over it or something, but certainly nothing like — that she described, that's unbelievable." As to the garage, he testified, "our garage is pretty messy ... there could have been a broomstick laying out there, I don't know."

A court-ordered custody evaluation report, which was admitted into evidence, indicated that defendant:

[M]ay respond to rebuffs to his self esteem with a wide range of unpredictable behaviors including explosive anger, depression, anxiety and withdrawal.

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Bluebook (online)
693 A.2d 92, 149 N.J. 108, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-jwd-nj-1997.