Gun, Firearms & Weapons Charges Attorney in Paterson NJ
What does the New Jersey gun laws say about forfeiture of firearms?
There are four types of forfeiture in New Jersey gun law.
Criminal Forfeiture - Chapter 64
Domestic Violence Forfeiture - Chapter 25
Health Care Professionals' Duty to Warn - Chapter 2A
“Red Flag” - Chapter 58
Let’s take a closer look at these laws.
Chapter 64 is called Criminal Forfeiture and pertains to two instances:
- Firearms that are illegally obtained, carried, or are considered contraband.
- Firearms that are a part of an illegal activity, even if they weren’t fired. In the latter instance, the State will institute a civil action, and a court hearing will determine the future disposition of the firearms.
Chapter 25 is called the Domestic Violence Act, and authorizes the police to take away weapons from the defendant in a domestic violence case if:
- The defendant is subject to an active restraining order
- The defendant is on probation
- There’s probable cause to believe that the victim is threatened by the possession of a weapon by the defendant
Chapter 2A Health care professionals are obligated to warn the police if:
- The patient has communicated a threat of serious physical violence against a specific individual or against themselves.
- The health care professional has reason to believe the patient intends to carry out an act of serious physical violence against a specific individual or against themselves.
Chapter 58 “Red Flag” Extreme Risk Protective Order (ERPO) allows a family, a household member or law enforcement officer to file a petition, if they believe that the respondent poses a significant danger of bodily injury to themselves or others by owning, possessing, or purchasing a firearm or ammunition. The respondent is issued a temporary ERPO, and a court hearing determines if the defendant will receive a final ERPO.
Call an experience Gun Rights Attorney
Attorney Evan Nappen is a gun lawyer in Paterson NJ. Contact attorney Nappen today if you are facing any of the above, to see what can be done. Seizure or forfeiture can be appealed or avoided, so make sure you are represented by an experienced professional in the game. Gun, Firearms & Weapons Charges Attorney Evan Nappen Law in New Jersey s dedicated to protecting gun owners’ rights.