CUSTODY AND CONTROL OF SEIZED OR
SURRENDERED WEAPONS
A. Any department-issued weapon, which is
seized or surrendered in
connection with a domestic violence
incident, is to be returned to the
custody and control of the department
which issued that weapon.
B. All other weapons owned, possessed, or
controlled by the officer, which
are seized or surrendered, are to be
promptly forwarded to the County
Prosecutor’s Office in the county where
the seizure of weapons took place
in accordance with the procedures set
forth in the Attorney General’s
Guidelines on Police Response Procedures
in Domestic Violence Cases
and the County Prosecutor’s Procedures for
the seizure and
transportation of firearms to the
Prosecutor’s Office in accordance with
the provisions of N.J.S.A. 2C:25-21d.
C. Where the weapons have been seized
pursuant to a court order, domestic
violence search warrant, condition of bail
or at the scene pursuant to
N.J.S.A. 2C:25-21d, the Division of
Criminal Justice, Prosecutors and
Police Bureau shall conduct an immediate
investigation of the incident
and determine whether the officer should
be permitted to carry a weapon
and what conditions, if any, should be
recommended to the court for the
return of the weapons to the law
enforcement officer pending the
disposition of the domestic violence
proceedings. The Division of Criminal
Justice, Prosecutors and Police Bureau
shall promptly forward its report
and recommendations to the County
Prosecutor within whose jurisdiction
the officer is employed.
D. Where the domestic violence charges,
either criminal or civil, which
resulted in the seizure of weapons from a
state law enforcement officer
have been dismissed or withdrawn before a
hearing, the procedures in
Paragraph IVD, listed below, should be
followed for the return of the
weapons to the law enforcement officer.
E. The chief of the law enforcement agency
where the officer is employed
shall
1. Conduct an investigation into the
officer’s background and shall
recommend to the Division of Criminal
Justice, Prosecutors and
Police Bureau who shall determine whether
the officer should be
permitted to carry weapons and what
conditions, if any, should be
imposed for the return of the weapons,
consistent with any family
or criminal or municipal court bail orders
entered against the officer
in the jurisdiction which the incident
occurred.
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2. If necessary, re-assign the officer
charged with committing an act
of domestic violence or served with a
restraining order so that the
officer will not have contact with the
domestic violence
complainant.
F. The Division of Criminal Justice,
Prosecutors and Police Bureau or
designee generally should confer with the
domestic violence complainant
regarding the complainant’s position on
the return of weapons. However,
the recommendation or determination
whether the weapons should be
returned rests with the Division of
Criminal Justice Prosecutors and Police
Bureau, not the victim or the law
enforcement agency where the officer is
employed.
IV. RETURN OF SEIZED WEAPONS
A. When a court had specifically directed
that the officer’s weapons be
seized either pursuant to a domestic
violence restraining order or a
domestic violence warrant for the seizure
of weapons; or as a condition of
bail, the officer whose weapons have been
seized because of a domestic
violence incident may request an expedited
court hearing to determine the
officer’s status regarding the possession
of weapons.
B. When a court order, either criminal or
civil, which prohibits a state law
enforcement officer from possessing
weapons is in effect, no weapons
are to be returned to the officer subject
to the domestic violence
proceedings without a court order. If the
domestic violence charges or
complaint are withdrawn or dismissed prior
to a court hearing, the
provisions in Paragraph IVD, listed below,
should be followed.
C. If it is determined by the Division of
Criminal Justice, Prosecutors and
Police Bureau that the state law
enforcement officer may carry weapons
in accordance with that officer’s duty
assignments while the domestic
violence proceedings, either criminal or
civil, are pending court action, the
Division of Criminal Justice, Prosecutors
and Police Bureau may
recommend to the appropriate court that:
1. The officer be permitted to carry a
department issued handgun
during on duty hours (duty hours means an
officer’s daily active
duty shift) but not carry a handgun off
duty, and
2. The officer be directed not to enter
his or her residence which is
shared with the complainant while on duty
and armed, or meet with
the complainant or any other person
covered by the restraining
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order, while armed.
3. The department-owned weapons are to be
issued by the
department to the officer at the beginning
of the officer’s daily
active duty shift and the weapons are to
be returned to the custody
of the department at the end of the
officer’s daily active duty shift.
D. When a weapon has been seized from a
state law enforcement officer
involved in a domestic violence offense
but no criminal charges, court
order or warrant has been issued or is
pending regarding possession of
weapons, Division of Criminal Justice,
Prosecutors and Police Bureau
may authorize the return of the seized
weapons subject to conditions, if
any, the Division of Criminal Justice,
Prosecutors and Police Bureau
determines necessary.
V. RESTRICTIONS ON RETURN OF FIREARMS
Pursuant to the provisions of the federal
crime bill, 18 U.S.C.A. 922(g), if a final
domestic violence restraining order is
issued, and for the duration of that order,
A. A law enforcement officer may be
authorized by a court to possess a
department issued firearm under conditions
recommended by the
appropriate county prosecutor, and
B. The officer may not possess any
personally owned firearms.
