The case is In re Novello (N.J. Super. Ct. App. Div. July 15); I blogged about it at http://volokh.com/2010/07/19/no-guns-for-you-youve-slammed-doors-very-hard, but here's an excerpt:
[Novello] acknowledged that he and Pissucci argued at times. He admitted that, on one occasion, he slammed a door and a piece of the door stop "snapped off." ... After hearing argument from counsel for the parties, the court rendered an opinion from the bench. The court noted that Pissucci's behavior probably contributed "to the situation." The court found that Novello's relationship with Pissuci involved "a great deal of acrimony" and was "very argumentative[.]" The court stated that Novello and Pissucci "trigger each other into verbal arguments. They trigger each other into losing their temper[s]. They trigger each other so that doors are slammed. They trigger each other so that doors are slammed and broken. They trigger each other so that the wife is now fearful [that] if he gets a gun ... she is going to be killed." The trial judge stated that it was difficult for him to determine whether Novello had actually threatened to kill Pissucci if she dated someone else. The judge also stated that, while Novello said that he wanted to obtain a gun to protect himself in Scotch Plains, there were "very little incidents of crime, at least incidents of violent crime" in that municipality.... The court found that the Police Chief had properly determined that issuance of a handgun purchase permit and FPIC to Novello would not be in the interest of the public health, safety or welfare [the statutory standard -EV]. In our view, the court's finding is supported by credible evidence. As we have explained, the testimony presented at the hearing established that Novello and his former wife have a volatile and argumentative relationship, which has at times prompted Novello to act in an angry manner. It is undisputed that Novello's actions have included the forceful slamming of doors, which has resulted in property damage, although the damage was relatively minor. Furthermore, Novello failed to establish that he had a legitimate need for the weapon. We are satisfied that the court's factual findings support its conclusion that it would not be in the interest of the public's health, safety and welfare for Novello to possess a handgun, particularly in view of his volatile relationship with his former wife.
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