Appellate Docket No.: A-3230-20
Decided May 17, 2022
Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark
In a recent unpublished opinion, the Appellate Division of New Jersey affirmed a denial of petitioner’s Firearms Purchaser Identification Card (FPIC or FID) after petitioner was found to be not credible, he resisted arrest, had a loaded shotgun in the car at one point, abandoned his firearms in 1994 and had a Temporary Restraining Order (“TRO”) against him, seizing his firearms.
In the Matter of Edwin G. Alvarado, Alvarado was originally issued an FPIC in 1990 but abandoned it and his weapons in 1994 when he moved out of his marital home. In 1990, Alvarado was involved in a car accident in the parking lot of his brother-in-law’s apartment complex in Parsippany after he and his brother-in-law had an argument. Police responded and seized a shotgun, knives, and ammunition from Alvarado’s vehicle.
Although Alvarado testified the shotgun was not loaded, the police report indicated it was. It also indicated Alvarado had been drinking. Alvarado refused to comply with an order to get out of the vehicle, and police charged him with resisting arrest and unlawful possession of the shotgun because he did not have his FPIC with him. These criminal charges were dismissed after Alvarado successfully completed the Pretrial Intervention Program (PTI). Alvarado surrendered his shotgun as a condition of PTI, and the weapon was destroyed in 2002.
Alvarado left his martial home in 1994, the same year a Family Part judge in Morris County granted Alvarado’s now ex-wife a temporary restraining order (TRO). Alvarado said he left his personal property, including his firearms, behind in the marital residence. The TRO directed police to seize “any and all” firearms from Alvarado. Alvarado’s firearms were seized and believed to be destroyed. The TRO never became final and was eventually vacated in 2020.
Lastly, Alvarado acknowledged receiving several citations for violating the Fish and Game statutes, N.J.S.A. 23:4-1 to -64, in November 1995 while using his friend’s rifle. Alvarado admitted he was hunting out of season, possessed a loaded firearm within 450 feet of a residence, and possessed a prohibited weapon.
The Court entertained testimony after Alvarado was denied his application for a duplicate FID card after his previous one was abandoned. The Court upheld the denial, finding Alvarado to be not a credible witness and a danger to society if given his FID card. Alvarado appealed and the Appellate Division affirmed, dismissing Alvarado’s claim that despite these events occurring, they were many years ago and now he is more mature. This argument especially did not hold weight, as the Court found him to be changing his story for his own benefit during testimony.
This case is important to understand that there are several ways police can deny you an FID, FPIC, or handgun purchaser’s identification card. Here, although petitioner’s criminal charge was dismissed with PTI and the TRO was vacated, his conduct during those incidents, his abandonment of the firearms, and his admitted violations of wildlife and game regulations rendered him a danger to the public, according to the Court.
If you or someone you know is involved with a firearms issue or expungement questions, or has questions with regard to TERPO, FERPO, or criminal and domestic violence activity that prohibits the ownership and possession of firearms, contact the experienced gun lawyers at Hark & Hark today. We ensure gun ownership rights are protected and preserved.
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