Forfeit Weapons

1. Law Lessons from IN RE RETURN OF WEAPONS TO HATTON (App. Div., A-5504-04T2, March 14, 2006, not approved for publication):
   
   Defendant may be ordered to forfeit weapons, permits, and licenses pursuant to N.J.S.A. 2C:25-21, of the Prevention of Domestic Violence Act, and N.J.S.A. 2C:58-3c(5), which precludes the issuance of a handgun purchase permit or firearms purchaser identification card "[t]o any person where the issuance would not be in the interest of the public health, safety or welfare."
   
   There is no sixth amendment right to counsel in a weapons forfeiture proceeding. See Rodriguez v. Rosenblatt, 58 N.J. 281, 295 (1971). The forfeiture of weapons neither results in imprisonment nor causes the type of serious consequence that concerned the Court in Rodriguez.
   
   N.J.S.A. 2C:58-3c(5), which precludes the purchase of handguns when "not [] in the interest of the public health, safety or welfare," "must be liberally construed to effectuate the overarching public policy objectives of the Prevention of Domestic Violence Act." State v. Cordoma, 372 N.J. Super. 524, 534 (App. Div. 2004).



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