A New Jersey man was denied a permit to purchase handguns by an appeals court recently because he is married to a woman with a history of substance abuse, reports NJ.com.
In the appellate decision made public on Thursday, the court said that the woman’s “alcohol problem” and past run-ins with the law were enough to deny the applicant a Firearms Purchaser Identification Card (FPIC), which is required to purchase handguns.
The appeals court decision upheld both the initial denial by the man’s local police chief, who said “it would not be in the interest of the public health, safety and welfare,” to issue the man a FPIC, and the ruling by Judge Thomas J. Kelly which backed the chief’s denied.
The applicant, who already owns several long guns but was looking to purchase a few handguns so his son and him could go target shooting, testified in court that his wife “received help and was no longer drinking.” The man also said that she wasn’t interested in firearms and that he would keep them safely locked away.
However, Judge Kelly argued that those with alcohol and drug problems “are frequently subject to relapse,” and that “putting more weapons in the home increased the chances of access to those guns” by the wife.
The appeals court agreed with that reasoning, noting that the Second Amendment is “subject to reasonable limitations,” and FPIC applicants must be a “person of good character and good repute in the community in which he lives.”
NJ.com published a portion of the woman’s background check:
- The woman was sentenced to probation in June 2000 for alleged possession of a controlled dangerous substance (CDS) with the intent to distribute. She was sentenced to probation five years later for alleged possession of CDS. The two convictions bar her from possessing firearms, per N.J.S.A.2C:58-3c(1).
- In December 2011, police were called to the home the man shares with his wife because she allegedly hit him. At that time, the man told police that “his wife was drinking a lot and needed help,” the court document reads.
- In 2013, the woman was convicted of driving while intoxicated after allegedly mixing alcohol and the sleeping medicine Ambien. She was stopped by police twice in the same day and during one of the stops, officers allegedly found a bayonet inside the vehicle. At the court hearing, the man said the bayonet was his and that it had been left in the car after he took it to a trade show. While allegedly driving the car under the influence, the woman moved the bayonet that had been left in the trunk into the car’s passenger compartment.
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Apparently, in New Jersey, being married to woman who has issues with alcohol means that one is not fit to own a handgun. I don’t need to tell you but you see where this is going. Just another scheme to keep one from exercising their Second Amendment rights.
This is a crock of crap!!!!!! Since when are we judged by the actions of others ??? In that case, no one could get a permit there are people in every family that could be considered a risk. Each should be considered according to their own merits!!!!
Simple answer?
1) divorce this bitch
2) move the hell out of N.J
Being a Gun Owner I have to agree with the Court’s ruling in this case.
This woman does seems to have a very big problem controlling her Drug use and more specially Abuse so myself if it was my wife I would be very worried that she might grab a handgun when off on one of her binges and not only harm herself but someone else ( Namely the Husband )
Yeah…because no way will she grab the way more powerful and deadly RIFLES that he already owns.
I’m surprised that they have not made him give up…or gone and taken…the rifles…or maybe done a home check to see that they are properly stored.
So by THAT logic…no one in NJ with kids at home should EVER get approved. No one with a senile parent/child.No one with a child/spouse that has EVER had a drug and/or alcohol problem. Have I ruled out 90% yet?
so whats to stop her from grabbing a knife ,,a screwdriver or an icepick and harming someone ? or getting in the car drunk and running someone over ?
As the husband with an “at risk” wife (or so the courts declared), you have the responsibility to maintain control of your firearms. Just like you wouldn’t leave a loaded gun unattended on the coffee table with your two year old rolling around, you wouldn’t leave one with your drunk, abusive spouse either. Wise up, “Gun Owner”.
I’m confused, isn’t owning a firearm a constitutional right? Unless the man himself is prohibited by law from owning a firearm (which that doesn’t appear to be the case) he should be issued the FPIC card.
Maybe this is a good thing because now the case can be brought to the supreme court and possibly end NJ’s draconian gun-laws just as it did in IL and DC.
Along with Cali, NJ is very communist when it comes to the 2nd amendment…..damn near to the point of illegal. You couldn’t pay me enough to live in NJ……I love my gun rights too much.
A true case of guilt by association. It was one of the laws that made us flee England in the 1600’s and found our own country. Just move to another state, NJ looks to be beyond repair when it comes to the Constitution.