Our firm has zealously advocated on behalf of thousands of clients throughout New Jersey.
Schedule free Consultation Call Us (732) 339-3897New Jersey has some of the strictest gun laws in the country. To make matters worse, several scenarios exist where you may be stripped of your Firearms ID Card or weapons by police officers and prosecutors. Domestic Violence Restraining Orders and Criminal Activity frequently result in the seizure and forfeiture of your lawfully owned weapons in New Jersey. Whether you live in New Jersey full-time or are a resident of another State, it is imperative that you have a comprehensive understanding of New Jersey Gun Laws and Forfeiture Proceedings. If you or a family member were issued a temporary restraining order and forced to surrender your handgun, shotgun, rifle or ammunition, please do not hesitate to contact our office today. We represent individuals fighting Temporary Restraining Order or Vacating Final Restraining Orders as well as defending individuals facing criminal charges for Possession of a Weapon for an Unlawful Purpose or Unlawful Possession of a Weapon. Additionally, we assist clients fighting to get their guns or weapons returned to them in a Civil Forfeiture Hearing. If you would like to speak with an attorney today, please contact our office today at 732-339-3897.
Pursuant to the New Jersey Prevention of Domestic Violence Act, Law Enforcement Officers are required to seize any weapons, firearms purchaser identification cards and permits to purchase a handgun seized during the investigation of an alleged Domestic Violence offense. For gun owners and weapon owners, this can result in the seizure and forfeiture of your lawfully owned guns. When these complaints for domestic violence involve Simple Assault, Harassment or Terroristic Threats, then there is a good chance that you will be face the seizure of your lawfully or unlawfully owned weapons.
Yes. When a Temporary Restraining Order is filed, the court must grant any relief necessary to prevent further abuse. Additionally, any restraining order issued by the court shall bar the defendant from purchasing, owning, possessing or controlling a firearm and from receiving or retaining a firearms purchaser identification card or permit to purchase a handgun pursuant to N.J.S.A. 2C:58-3 during the period in which the restraining order is in effect or two years whichever is greater. There is an exception to the provision for law enforcement officers who are subject to a restraining order, which allows them the limited ability to carry a weapon while on duty.
In addition to preventing the possession of any firearms, the court may also issue an order prohibiting the defendant from possessing any other weapon enumerated in subsection r. of N.J.S.A. 2C:39-1 and ordering the search for and seizure of any firearm or other weapon at any location where the judge has reasonable cause to believe the weapon is located. Typically, the Court will need to establish a record for the reasons and facts that cause them to believe that weapons exist and must be seized. However, this can be fought by the defendant and their attorney.
A Final Restraining Order is just that, final. Once entered, it will last in perpetuity (indefinitely) unless a motion to vacate the restraining order is filed and granted by the court. As mentioned above, a restraining order will prevent your ability to own or possess a firearm in New Jersey, as well as other other restrictions such as monetary relief to the victim, exclusive possession of the marital home to the victim, temporary custody of shared children and various other remedies deemed appropriate by the court. Temporary Restraining Orders and Final Restraining Orders, though civil in nature, carry serious repercussions commensurate with criminal penalties. Therefore, it is imperative that you consult with an experienced attorney before risking your livelihood at a restraining order hearing.
Yes. Under N.J.S.A. 2C:25-29, any restraining order issued by the court shall bar the defendant from purchasing, owning, possessing or controlling a firearm and from receiving or retaining a firearms purchaser identification card or permit to purchase a handgun pursuant to N.J.S.A. 2C:58-3 during the period in which the restraining order is in effect or two years whichever is greater. This means that even if you get your restraining order vacated, you may still be required to wait two (2) years before you can obtain your weapons, firearms purchaser identification card or permit to purchase a handgun. Contact our office if you would like to expedite this process.
Our law firm has represented thousands of clients in criminal cases and civil forfeiture complaints throughout New Jersey. If you or a loved one are facing criminal or civil charges in Atlantic County, Monmouth County, Ocean County, Mercer County, Hudson County, Middlesex County, Burlington County, Camden County, Union County, Bergen County, Somerset County or Morris County, please contact our firm today. Firm Partner and Chair of our Civil Forfeiture Department, William C. Fay, IV, Esq., is a former Deputy Attorney General with the State of New Jersey. He has spent part of his career prosecuting civil cases on behalf of the State as well as defending the accused. Allow Mr. Fay to provide you with a consultation on your Gun Forfeiture, Restraining Order or Criminal Charges. We can be reached 24/7 for your convenience.