Procedures for the Seizure of Weapons from All State Law Enforcement Officers Involved in Domestic Violence Incidents

Procedures for the Seizure of Weapons from All State Law Enforcement Officers Involved in Domestic

Violence Incidents places the responsibility of determining the conditions upon which a state law enforcement officer

would have his right to carry a firearm restored with the Division of Criminal Justice.

III - 18

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

2. The Division of Criminal Justice will determine whether that officer

shall be authorized to carry that firearm or any firearm either on duty

or off duty and whether conditions should be imposed for such

authorization pursuant to the Attorney General Directive 2000-4 at

IVD.

3. The Division of Criminal Justice will inform the County Prosecutor’s

Office of its decision whether that officer would be authorized to

carry a firearm either on duty or off duty and whether conditions had

been imposed for carrying a firearm.

3.17.5 Restrictions on Return of Firearms

A. If a final domestic violence restraining order is issued pursuant to the

provisions of both New Jersey and federal gun control laws, N.J.S.A. 2C:39-

7b(3) & 18 U.S.C.A. 922(g), the named defendant shall not be permitted to

possess, purchase, own, or control any firearm for the duration of the order or

for two years, whichever is greater. N.J.S.A. 2C:25-29b

B. If a law enforcement officer is subject to a temporary or final restraining

order issued pursuant to the provisions of both New Jersey and federal gun

control laws, N.J.S.A. 2C:39-7b(3) & 18 U.S.C.A. 922(g)and sec 925, the

County Prosecutor may permit a municipal or county police officer to be

armed while actually on duty provided that the restraining order specifically

permits the possession of a firearm on duty, and the firearm is issued to the

officer upon reporting for a scheduled tour of duty and surrendered upon

completion of the tour of duty. In the event a state law enforcement officer is

subject to a final restraining order, the Attorney General, by the Division of

Criminal Justice, may permit a subject officer to be armed while on duty

provided said restraining order specifically permits, and the firearm is issued

to the officer upon reporting for a scheduled tour of duty and surrendered

upon completion of the tour of duty.

C. A law enforcement officer who has been convicted of a misdemeanor

domestic violence offense anywhere in the nation is prohibited from

possessing a firearm pursuant to 18 U.S.C. 922(g)(8). This federal law

applies to offenses that have as an element (1) the use or attempted use of

physical force, 9r (2) the threatened use of a deadly weapon. Under New

Jersey law, a disqualifying offense would be:

1. Harassment, N.J.S.A. 2C:33-4b by striking, kicking, shoving

2. Simple assault, N.J.S.A. 2C:12-1a(1) by attempting to or purposely

knowingly or recklessly causing bodily injury

III - 19

III - 20

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

3. Simple assault, N.J.S.A. 2C:12-1a(2) by negligently causing bodily

injury to another with a deadly weapon

D. A law enforcement officer who has been convicted of stalking, or a crime or

disorderly persons offense involving domestic violence may not purchase,

own, possess or control a firearm, and may not be issued a permit to purchase

a handgun or firearms identification card. N.J.S.A. 2C:39-7 & 2C:58-3.