IN THE MATTER OF THE DENIAL OF THOMAS TEDESCO'S REQUESTÂ FOR A SECOND AND/OR DUPLICATE FIREARMS PURCHASERIDENTIFICATION CARD(BERGEN COUNTY AND STATEWIDE)
A-4756-15T1
| N.J. Super. Ct. App. Div. | Sep 20, 2017Background
- Thomas Tedesco applied for a second/duplicate Firearms Purchaser Identification Card (FPIC); the local police chief denied the application.
- Incident: Tedesco discharged a firearm into a stack of magazines in his home bathroom while his wife and children were in the residence; he resisted exiting for a time and was arrested.
- Tedesco admitted the shooting was caused by depression and intoxication; afterward he completed substance-abuse and mental-health treatment and produced medical reports attesting sobriety and treatment compliance.
- The Law Division judge held a hearing, observed Tedesco testify, and found that despite his progress he remained at risk of relapse and that issuing an FPIC would endanger public health, safety, and welfare.
- The judge affirmed the police chief’s denial; on appeal the Appellate Division reviewed the record for substantial credible evidence and affirmed the denial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the denial of the FPIC is against the weight of the evidence | Tedesco: evidence shows rehabilitation and sobriety; denial is unsupported | Prosecutor: record contains substantial credible evidence of dangerousness and risk of relapse | Affirmed: findings supported by substantial credible evidence; appellate court defers to trial judge credibility determinations |
| Appropriate standard of review and burden of proof for FPIC denial | Tedesco: challenges judge's factual conclusion and contends error in weighing evidence | Prosecutor: police chief has discretion; applicant must overcome denial and police chief need show good cause by preponderance; trial court may assess credibility | Affirmed: police chief’s denial reviewed de novo by Law Division, but appellate court accepts trial judge’s fact findings that are supported by substantial credible evidence; police chief bears burden to establish good cause by preponderance |
Key Cases Cited
- Weston v. State, 60 N.J. 36 (1972) (police chief has discretion to grant or deny handgun permits/ID cards; applicants entitled to explanation and opportunity to respond)
- In re Application of Boyadjian, 362 N.J. Super. 463 (App. Div.) (police chief’s role involves informal discretion based on good-faith investigation)
- In re Return of Weapons to J.W.D., 149 N.J. 108 (1997) (appellate courts accept factual findings supported by substantial credible evidence; deference when credibility is central)
- Bonnco Petrol, Inc. v. Epstein, 115 N.J. 599 (1989) (standard on appellate review of factual findings)
- Rova Farms Resort v. Inv’rs Ins. Co., 65 N.J. 474 (1974) (articulating when appellate courts should decline to disturb trial findings)