A Cumberland County man cannot keep his grandfather's World War II rifle because it is an illegal assault firearm, according to a Sept. 15 New Jersey Superior Court Appellate Division decision.
This file photo shows an M1 carabine. (AP photo)
The New Jersey State Police seized Danny Burt's M1 carbine and 20 other firearms in April 2013 after a temporary restraining order was lodged against him.
Burt lost his 21 firearms and firearm purchaser's identification card, per the Domestic Violence Forfeiture Statute.
The M1 carbine could not be returned to him because it falls under the definition of an assault firearm, which is illegal to possess according to New Jersey law.
In a motion filed by Burt, he told the court that he acquired the rifle in 2006 from his grandfather, who served in World War II.
"Burt claimed the rifle had considerable sentimental value to him, and that he had no knowledge as to whether the gun was operable," the decision states.
In response, the court offered its sympathy but reiterated that the rifle is illegal to own under current New Jersey law.
Burt appealed the decision but, in its Sept. 15 decision, the New Jersey Superior Court Appellate Division ruled that the assault rifle could not be lawfully returned to him.
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