HEARING REGARDING WEAPONS in dv cases

HEARING REGARDING WEAPONS in dv cases

5.12.1 When the prosecutor intends to proceed with forfeiture, notice shall be provided to

the plaintiff, the defendant and the Family Division. The court shall hold a hearing

within 45 days of receipt of the notice provided by the prosecutor, as set forth in

N.J.S.A. 2C:25-21d(3). No formal pleading and no filing fee shall be required. The

hearing shall be summary in nature. The hearing must be held even if the plaintiff

withdraws or seeks dismissal of the domestic violence Complaint/TRO or FRO.

5.12.2 At the hearing, the Family Division Judge must decide whether the weapon(s) should

be forfeited, along with any related permit(s) or license(s), or whether the weapon(s)

should be returned; or whether legal rights to own should be revoked and/or

defendant should be ordered to dispose of the weapon, based on the factors contained

in N.J.S.A. 2C:25-21d.

5.12.3 In addition to any other provisions, any FRO issued shall bar the defendant from

purchasing, owning, possessing or controlling a firearm and from receiving or

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retaining a firearms purchaser identification card or permit to purchase a handgun

pursuant during the period in which the restraining order is in effect or two years,

whichever is greater, except for military and law enforcement personnel, see N.J.S.A.

2C:25-29b.