“After certain domestic disturbances in NJ, you could be asked to forfeit your weapons. We can help you to get them back.”

Weapons Forfeiture Attorneys with offices in Newark, Morristown, Hackensack NJ

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Weapons Forfeiture New Jersey

If you have a legally registered weapon in New Jersey and a restraining order was filed against you, you will be forced to forfeit your weapons to the police.  This is known as “forfeiture of weapons” in New Jersey, and it’s quite common.

Even if you are completely innocent of the domestic violence charges, it’s still within the jurisdiction of the state to take your weapons.  After all, they aren’t going to try your case on the day that you’re arrested, and their goal is to stop anger driven gun violence.  The only issue with NJ forfeiture of weapons is that it can become a huge issue to get your guns back.  The police aren’t always quick about it, and many people find expensive weapons lost permanently.  We can get your guns back.

After officers seize a weapon, they must immediately transfer the weapon, firearms purchase identification card, permit, and any other licenses to the Prosecutor’s Office in the county in which the alleged act of domestic violence occurred. They must also provide the Prosecutor’s Office with the domestic violence police report, domestic violence complaint if criminal charges were filed, and the temporary restraining order if applicable.

Within 45 days, the Prosecutor’s Office must determine whether or not to file a forfeiture action to permanently remove the weapon(s) from the person’s possession, as well as to revoke their permits and licenses. They may also elect to return the weapon(s) to the person. If the Prosecutor moves forward with the forfeiture action, a hearing must be held at the Superior Court within 45 days of the notice from the Prosecutor. At this hearing, the Court will determine whether to return the weapon(s) or to permanently remove the weapon(s) from the person’s possession. If the Court does not return the weapon(s) to the person, he or she is now barred from purchasing, owning, possessing, or controlling any firearm in the state of New Jersey.

Our attorneys have handled many firearms forfeiture actions and hearings over the years. In fact, one of the attorneys who works for the firm used to prosecute the firearms forfeiture actions in Morris County NJ, now let him use his experience, knowledge, and expertise to fight your forfeiture action in court. Contact our offices anytime for immediate assistance at 201-556-1570. The initial consultation is always provided free of charge.

Can you possess a firearm with a domestic violence charge?

Firearms in relation to domestic violence is a very serious concern throughout the country. Under Federal Law, a person who is subject to a restraining order or has a domestic violence related conviction, cannot own a gun. Similarly, under New Jersey law, if an individual is subject to a protective order or has a past conviction concerning domestic violence, he or she cannot purchase or own a firearm.

Also, the Garden State considers guns in connection with domestic violence so serious that if a temporary restraining order (TRO) is issued, the police are authorized to enter a person’s home and remove any firearms, weapons, and permits. And from there, the items are turned over to the prosecutor’s office and will not be returned absent a court order. Even if the restraining order is dropped and there is no pending criminal case, the gun owner must still fight to recover his or her property. He or she must demonstrate to the Court that they are safe and fit to handle a gun.

Call The Tormey Law Firm (201) 556-1570

If you are in a position where you have had your weapons seized based on domestic violence or a restraining order, or you are seeking to purchase a gun in New Jersey but you have a domestic violence past, do not immediately give up. It is possible to regain your weapons and your rights, and the seasoned attorneys at The Tormey Law Firm can help. Contact us anytime to discuss your specific situation and receive a free consultation.

How To Beat A Gun Charge

How to beat a gun charge #1: Challenging the “consent” of a search.
How to beat a gun charge #2. Challenging motor vehicle stops and illegal searches.
How to beat a gun charge #3. Challenging Bad Warrants and Illegal Searches
How to beat a gun charge #4. Plea negotiations and reducing sentencing minimums.
How to beat a gun charge #5. Transporting a gun to the range.

Other Gun Related Pages

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NJ Gun Permit Attorney – If you need an attorney for gun permits.

New Jersey Gun Permits – Information about obtaining paperwork for NJ firearms.

Gun Charges NJ – What your facing after NJ gun charges and how to fight them.

Certain Persons Offenses – Info about “certain persons to not own firearms” offenses.

BB Gun Charges – BB Gun Laws in New Jersey.

First Offense Gun Charges – Information about what happens on a first offense gun charge.

Forfeiture of Weapons – Sometimes the police will take your guns after a domestic dispute.

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