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STATE v. S.A.

290 N.J. Super. 240 (1996)

675 A.2d 678

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, CROSS-RESPONDENT, v. S.A., DEFENDANT RESPONDENT, CROSS-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided May 14, 1996.

Attorney(s) appearing for the Case

Carmen Messano, Prosecutor of Hudson County, for appellant (Milagros Camacho, Assistant Prosecutor, on the brief).

Charles A. Gallagher, for respondent.

Before Judges KING, LANDAU and KLEINER.

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

This case involves the right of a defendant in a domestic violence action to the return of three handguns. The State failed to move for forfeiture under N.J.S.A. 2C:25-21(d)(1) within 45 days and defendant demanded return of the guns. The State claims that 18 U.S.C.A. § 922(g)(8) of the federal firearms statute prohibits return of the guns. We agree that defendant has no immediate right to...

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