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M.S. v. MILLBURN POLICE DEPT.

A-80 September Term 2007

962 A.2d 515 (2008)

197 N.J. 236

M.S., Plaintiff-Appellant, v. MILLBURN POLICE DEPARTMENT, Defendant, and Office of the Essex County Prosecutor, Defendant-Respondent.

Supreme Court of New Jersey.

Decided December 23, 2008.

Attorney(s) appearing for the Case

Jason R. Melzer, Hackensack, argued the cause for appellant (Cole, Schotz, Meisel, Forman & Leonard, attorneys).

Kenneth P. Ply, Assistant Prosecutor, argued the cause for respondent (Paula T. Dow, Essex County Prosecutor, attorney; Mr. Ply and Sara A. Friedman, Assistant Prosecutor, on the letter briefs).

Justice ALBIN delivered the opinion of the Court.

In 1997, plaintiff was issued a domestic violence complaint and a restraining order, and the police seized plaintiff's five handguns and his firearms purchaser identification card (firearms card). The Essex County Prosecutor's Office then filed a petition to forfeit those handguns pursuant to N.J.S.A. 2C:25-21(d)(3) of the Prevention of Domestic Violence Act of 1991 (Domestic Violence Forfeiture Statute). Plaintiff...

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