WEAPONS IN GENERAL in dv cases

WEAPONS IN GENERAL

5.1.1 Weapons of varying types are defined generally in N.J.S.A. 2C:39-1, and more

specifically in N.J.S.A. 2C:39-1r. The Attorney General and County Prosecutors

delineate law enforcement procedures through directives and guidelines in

accordance with the United States Constitution, New Jersey Constitution, statutes

and court decisions.

5.1.2 Weapons relating to domestic violence incidents can be categorized in several ways

including but not limited to:

A. Weapon(s) used or threatened to be used in a domestic violence incident.

B. Weapon(s) not used in a domestic violence incident but in plain view of an

officer.

C. Weapon(s) not used in a domestic violence incident, not in plain view to the

officer, but the officer has reason to believe that weapon(s) are present in the

household.

5.2 MANDATORY ARREST

See Sections 3.10 and 3.17.

5.3 SEIZURE OF WEAPONS FOR SAFEKEEPING

See Sections 3.10 and 3.17.

5.4 SEIZURE OF WEAPONS PURSUANT TO COURT ORDER

See Sections 3.10 and 3.17.

5.5 SEIZURE OF WEAPONS USED IN COMMISSION OF A CRIMINAL OFFENSE

See Sections 3.10 and 3.17.

5.6 SEIZURE OF WEAPONS PURSUANT TO N.J.S.A. 2C:25-21d

See Sections 3.10 and 3.17.

5.7 SEIZURE OF WEAPONS OUTSIDE THE COUNTY WHERE THE DOMESTIC

VIOLENCE RESTRAINING ORDER WAS ISSUED

See Sections 3.10 and 3.17.

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5.8 SEIZURE OF WEAPONS FROM LAW ENFORCEMENT OFFICERS INVOLVLED

IN A DOMESTIC VIOLENCE INCIDENT

See Sections 3.10 and 3.17.

5.9 RESTRICTIONS ON RETURN OF FIREARMS

5.9.1 Where the defendant is a Law Enforcement Officer: If a law enforcement officer is

subject to an FRO, pursuant to the provisions of the federal gun control law, 18

U.S.C.A. 922(g), the court may, if necessary for the protection of the plaintiff,

prohibit any defendant who is a law enforcement officer from possessing any

weapon, firearm or firearm identification card, including those provided by his/her

department. If the court determines that a prohibition on possession of weapons by

defendant who is a law enforcement officer is not necessary, the provisions of the

Attorney General’s Directive Implementing Procedures for the Seizure of Weapons

from Law Enforcement Officers Involved in Domestic Violence Incidents shall apply.

Where the court permits the return of weapons while on duty, the procedures in

section 3.17 still apply. See Appendix 17.

5.9.2 All Others: If an FRO is issued, the named defendant may not be permitted to own

or possess any firearm for the duration of the order or for two years, whichever is

greater.