CUSTODY AND CONTROL OF SEIZED OR SURRENDERED WEAPONS in dv cases

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have been dismissed or withdrawn before a hearing, the procedures in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.