GUIDELINES FOR THE SEIZURE OF WEAPONS FROM A LAW ENFORCEMENT OFFICER INVOLVED IN A DOMESTIC VIOLENCE INCIDENT

GUIDELINES FOR THE SEIZURE OF WEAPONS FROM A LAW

ENFORCEMENT OFFICER INVOLVED IN A DOMESTIC VIOLENCE INCIDENT

A. Whenever an act of domestic violence as defined in N.J.S.A. 2C:25-19

has been alleged to have been committed by a law enforcement officer all

weapons, department issued and personal, possessed by that officer shall

immediately be

1. Seized by the law enforcement officer responding to the domestic

violence call if the responding officer reasonably believes that the

presence of weapons would expose the victim to a risk of serious

bodily injury, or

2. Surrendered by the officer involved when served with a domestic

violence restraining order, search warrant or bail condition which

requires the surrender of weapons.

B. Whenever an act of domestic violence as defined in N.J.S.A. 2C:25-19

has been alleged to have been committed by a law enforcement officer

resulting in the seizure of the officer’s weapons, or the officer has been

served with a domestic violence restraining order or a domestic violence

warrant for the seizure of weapons or there is a bail condition which

requires the surrender of weapons, the officer must:

1. Immediately report that fact to the officer’s departmental supervisor

who must promptly notify the Prosecutor’s Office in the county

where the officer is employed.

2. Voluntarily surrender all weapons to the law enforcement officer

responding to the domestic violence call or in response to a

requirement in a domestic violence restraining order or a domestic

violence warrant for the seizure of weapons or in a bail condition.

C. Where weapons have been seized from an officer, a report shall

immediately be made to the arresting officer’s departmental supervisor

who must notify the prosecutor’s office in the county where the charge

had been filed.

III. 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.

Seizure of Weapons from Municipal and County Law Enforcement Officers

3 (9/00)

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 County Prosecutor’s Office where the civil and/or

criminal charge was filed or incident occurred 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 County Prosecutor completing the investigation shall

forward the report 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 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 appropriate County Prosecutor’s Office 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.

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.

Seizure of Weapons from Municipal and County Law Enforcement Officers

4 (9/00)

F. The County Prosecutor’s Office within whose jurisdiction the incident

occurred 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 County Prosecutor, 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 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 County Prosecutor that the 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 County Prosecutor 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

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.

Seizure of Weapons from Municipal and County Law Enforcement Officers

5 (9/00)

D. When a weapon has been seized from a 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,

a County Prosecutor may authorize the return of the seized weapons

subject to conditions, if any, the Prosecutor 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.

VI. PURPOSE AND EFFECT OF THIS DIRECTIVE

This directive is binding upon all county prosecutors and all law enforcement

officers in this State. This directive and the procedures set forth herein are

implemented solely for the purpose of guidance within the criminal justice community.

They are not intended to, do not, and may not be invoked to create any rights,

substantive or procedural, enforceable at law by any party in any matter, civil or

criminal.

1 (9/00)

DOMESTIC VIOLENCE

Directive Implementing Procedures for the Seizure of Weapons from State Law

Enforcement Officers Involved in Domestic Violence Incidents

Issued August 1995

Revised September 2000

TO: DIRECTOR, DIVISION OF CRIMINAL JUSTICE

ALL COUNTY PROSECUTORS

ALL LAW ENFORCEMENT CHIEF EXECUTIVES

FROM: JOHN J. FARMER, JR. ATTORNEY GENERAL

DATE: SEPTEMBER 1, 2000

SUBJECT: ATTORNEY GENERAL LAW ENFORCEMENT DIRECTIVE NO. 2000-4

REVISION TO AUGUST 14, 1995, DIRECTIVE IMPLEMENTING

PROCEDURES FOR THE SEIZURE OF WEAPONS FROM ALL STATE

LAW ENFORCEMENT OFFICERS INVOLVED IN DOMESTIC

VIOLENCE INCIDENTS

I. INTRODUCTION

When law enforcement officers are charged with committing acts of domestic violence,

it is important that the matters be uniformly and expeditiously handled. To achieve

these objectives, it is necessary that there be a statewide policy governing the seizure

of weapons from a law enforcement officer who is charged with committing an act of

domestic violence.

The Criminal Justice Act of 1970, N.J.S.A. 52:17B-97 et seq., requires the Attorney

General “to provide for the general supervision of criminal justice” in this State. All law

enforcement agencies and law enforcement officers in the State are required to

cooperate with the Attorney General “to secure the benefits of a uniform and efficient

enforcement of the criminal law and the administration of criminal justice throughout the

state.” N.J.S.A. 52:17B-98. Accordingly, it is directed that all state law enforcement

agencies and law enforcement officers who are employed by the State Department of

Corrections, the Division of Criminal Justice, the Division of State Police, Human

Services Police, Juvenile Justice Commission or the State Park Ranger Service and

who are authorized to carry weapons pursuant to N.J.S.A. 2C:39-6 are to comply with

this directive.