STATE v. ONE MARLIN RIFLE


725 A.2d 144 (1999)

319 N.J. Super. 359

STATE of New Jersey, Plaintiff-Respondent, v. ONE MARLIN RIFLE, 30/30, 30 AS, Serial #12027068 with Scope and all other items listed on inventory sheet including items retained by the Oaklyn Police Department, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided March 16, 1999.


Attorney(s) appearing for the Case

Archer & Greiner, Haddonfield, for defendant-appellant (Nicholas C. Harbist and Patrick M. Flynn, on the brief).

Lee A. Solomon, Camden County Prosecutor, for plaintiff-respondent (Mark Chase, Assistant Prosecutor, of counsel and on the brief).

Before Judges PETRELLA and D'ANNUNZIO.


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

This is an appeal from a weapons forfeiture decision after a prior dismissal of a domestic violence complaint. John Silvaria, owner of the subject weapons, appeals from the Family Part Judge's decision ruling that he must forfeit his weapons as he was found in the forfeiture case to "pose a threat to public health, safety, or welfare" pursuant to N.J.S.A. 2C:58-3(c)(5). Silvaria argues that the judge...

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