3.10 SEIZURE OF WEAPONS dv nj

3.10 SEIZURE OF WEAPONS

3.10.1 Seizure of a Weapon for Safekeeping. A police officer who has probable cause to

believe that an act of domestic violence has been committed shall pursuant to

N.J.S.A. 2C:25-21d(1):

A. Question all persons present to determine whether there are weapons, as

defined in N.J.S.A. 2C:39-1r, on the premises. N.J.S.A. 25:21d(1)(a)

B. If an officer sees or learns that a weapon is present within the premises of a

domestic violence incident and reasonably believes that the weapon would

expose the victim to a risk of serious bodily injury, the officer shall attempt

to gain possession of the weapon. If a law enforcement officer seizes any

firearm, the officer shall also seize any firearm purchaser identification card

or permit to purchase a handgun issued to the person accused of the act of

domestic violence. N.J.S.A. 2C:25-21d(1)(b)

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THIS SECTION PREPARED BY THE DIVISION OF CRIMINAL JUSTICE; not reviewed or endorsed by the Judiciary.

C. If the weapon is in plain view, the officer should seize the weapon.

D. If the weapon is not in plain view but is located within the premises

possessed by the domestic violence victim or jointly possessed by both the

domestic violence assailant and the domestic violence victim, the officer

should obtain the consent, preferably in writing, of the domestic violence

victim to search for and to seize the weapon.

E. If the weapon is not located within the premises possessed by the domestic

violence victim or jointly possessed by the domestic violence victim and

domestic violence assailant but is located upon other premises, the officer

should attempt to obtain possession of the weapon from the possessor of the

weapon, either the domestic violence assailant or a third party, by a voluntary

surrender of the weapon.

F. If the domestic violence assailant or the possessor of the weapon refuses to

surrender the weapon or to allow the officer to enter the premises to search for

the named weapon, the officer should obtain a Domestic Violence Warrant for

the Search and Seizure of Weapons. [See Appendix 19]

3.10.2 Seizure of a Weapon Pursuant to Court Order. N.J.S.A. 2C:25-26 and N.J.S.A.

2C:25-28j.

A. If a domestic violence victim obtains a TRO or FRO directing that the

domestic violence assailant surrender a named weapon, the officer should

demand that the person surrender the named weapon.

B. If the domestic violence assailant or the possessor of the weapon refuses to

surrender the weapon, the officer should:

1. Inform the person that the court order authorizes a search and seizure

of the premises for the named weapon, and

2. Arrest the person, if the person refuses to surrender the named

weapon, for failing to comply with the court order, N.J.S.A. 2C:29-9,

and

3. Conduct a search of the named premises for the named weapon.

3.10.3. The officer must append an inventory of seized weapons to the domestic violence

offense report. N.J.S.A. 2C:25-21d(2)

3.10.4 Weapons seized by a police officer, along with any seized firearms identification card

or permit to purchase a handgun, must be promptly delivered to the county prosecutor

along with a copy of the domestic violence offense report and, where applicable, the

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