Lawrence NJ Forfeiture of Weapons Lawyer
With Offices in Pennington and Trenton, New Jersey
If you are charged with certain criminal offenses in New Jersey, law enforcement might have the right to confiscate your firearms. NJ law enforcement can also revoke your firearm licenses and permits if you are accused of certain crimes. In fact, a police officer may seize your handgun permits or firearms ID cards even if you have not committed a weapons offense; the officer simply has to believe that the seizures are necessary to protect the alleged victim against a risk of serious bodily injury. The reality is that police officers will not take any chances when it comes to domestic violence situations. This means that they are likely to err on the side of caution and confiscate any weapons in your residence if a domestic violence complaint has been filed against you.
Kamensky Cohen & Riechelson is a highly respected law firm with a rich tradition in New Jersey and Pennsylvania. Our legal team has represented clients in criminal weapons cases and at weapons forfeiture hearings in Princeton, Lawrence, and everywhere else in Mercer County, NJ. We are committed to serving the best interests of clients, which is why we will fight tirelessly for your rights at every stage of the legal process. Call KCR now to discuss your options and begin your defense.
Weapons Forfeiture Laws in Mercer County NJ
The Prevention of Domestic Violence Act, codified in N.J.S.A. 2C:25-21(d), gives NJ law enforcement the authority to seize weapons in domestic violence situations. The law specifically allows law enforcement officers to seize any weapon that is contraband or an instrumentality of crime.
Moreover, police do not need a warrant to search your house in these situations. As long as the officers have probable cause to believe that an act of domestic violence has been committed, they may search the premises and seize any weapons that they find.
It is important to realize that police can seize your weapons even when there are no pending criminal charges. That’s because a restraining order, which is technically a civil complaint, can still result in the police confiscating any weapons in the residence.
Legal Process After Seizure of Weapons in Trenton NJ
After the police seize your weapons, they will deliver the weapons to the county prosecutor. The prosecutor will have 45 days to either officially seek forfeiture of the weapons or return the weapons to you.
If a final restraining order (FRO) is issued against you, you will probably forfeit all weapons and weapons permits. You will almost certainly have to forfeit your guns. That’s because both state and federal laws prohibit individuals with restraining orders from owning firearms.
It is also possible that a weapons forfeiture hearing will be scheduled independent of the FRO hearing. If you lose at the weapons forfeiture hearing, not only will you forfeit the weapons that were seized; you will also lose the right to own firearms in the State of New Jersey because your gun permits, licenses, and firearms ID cards will probably be revoked.
Separate Criminal Charges for Weapons Offenses in Pennington NJ
Keep in mind that all of these proceedings are separate and apart from any criminal proceedings. Regardless of the outcome of the domestic violence complaint, restraining order hearings, and weapons forfeiture hearing, you might still be subject to criminal charges.
Contact a Hopewell Borough NJ Gun Possession Attorney
Kamensky Cohen & Riechelson is prepared to assist you with your gun possession case and help you get back your legally owned firearms. Call us today to speak with a member of our legal team, or email us to schedule a free consultation at our offices in Trenton or Pennington.