Passaic County NJ Weapons Return Lawyer
Domestic Violence Defense Attorney in Paterson, New Jersey
Experienced criminal defense attorney Alissa D. Hascup represents clients throughout New Jersey, including Wayne, Paterson, Clifton, Totowa, and Passaic County, who have been charged with domestic violence related offenses such as aggravated assault, simple assault, and kidnapping.
Ms. Hascup is a former Morris County Assistant Prosecutor who handled a host of domestic violence cases during the course of her distinguished career. If you or a loved one has been involved in a domestic violence or other related incident where weapons were seized, it is important to consult with an experienced lawyer concerning your options at both criminal proceedings and any related restraining order hearings. Contact Ms. Hascup today.
Return of Weapons in NJ Domestic Violence Cases
Weapons seized pursuant to the “Prevention of Domestic Violence Act of 1991” will be generally returned to the owner. However, there are certain exceptions.
A. Forfeiture. Within 45 days of the seizure of weapons, the County Prosecutor who has possession of the seized weapons may petition the Court to:
- Obtain title to the seized weapons; or
- Revoke all permits, licenses, and other authorizations for the use, possession, or ownership of such weapons; or
- Object to the return of such weapons on specified grounds including that the owner is unfit or poses a threat to the public in general or a person or persons in particular. NOTE: If the County Prosecutor does not institute an action within 45 days of the seizure of the weapons, they will be returned to the owner.
B. Hearing. Within 45 days of the notice of forfeiture, the Court will hold a hearing. After the hearing, the Court may either:
1. Return the weapons. In this instance, the Court must find that:
i. The owner is not subject to any disabilities (set forth in N.J.S.A. 2C:58-3c) AND the domestic violence complaint has been dismissed at the request of the complainant and the County Prosecutor has determined that there is no basis to indict; or
ii. The defendant was found not guilty of the domestic violence charges; or
iii. The domestic violence situation no longer exists.
2. Determine that the weapons are not to be returned. In that instance, the Court may:
i. Order the County Prosecutor to dispose of the weapons if the owner does not arrange for the transfer or sale of the weapons to an appropriate person within 60 days (EXCEPT for firearms); or
ii. In the case of firearms, order that the owner’s firearms purchaser identification card or any permit, license or authorization be revoked AND order that the owner surrender any firearm seized and all other firearms possessed to the County Prosecutor AND order that the County Prosecutor dispose of the firearm(s) if the owner does not arrange for the sale of the firearms to a registered firearms dealer within 60 days; or
iii. Order any other such relief as the Court deems appropriate.
Restrictions on the Return of Firearms in New Jersey
Where the defendant is a law enforcement officer, the Court may prohibit possession of any weapon, firearm or firearm identification card, including those provided by his/her department. If a Final Restraining Order (“FRO”) is issued, the defendant may not be permitted to own or possess any firearm for the duration of the FRO or for 2 years, whichever is greater.
Contact a Wayne NJ Weapons Return Lawyer Today
Contact Alissa D. Hascup anytime for an initial consultation, which is always provided free of charge.