In what situations can you get your gun seized or forfeited?
Gun Seizures and Forfeitures Lawyer in New Jersey
Under New Jersey law there are four legal methods to seize/forfeit a firearm:
Chapter 64 (Criminal Forfeiture),
Chapter 25 (Domestic Violence Forfeiture),
Chapter 2A (Health Care Professionals' Duty to Warn)
Chapter 58 (“Red Flag” Extreme Risk Protective Order).
This is called Criminal Forfeiture and pertains to two instances:
- Firearms that are illegally obtained or carried, and 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.
the Domestic Violence Act 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
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.
“Red Flag” Extreme Risk Protective Order (ERPO) allows a family, a household member or law enforcement officer 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 temporarry ERPO, and a court hearing determines if the defendant will recieve a final ERPO.
Contact an Attorney
If you find yourself in one of the above situations, we advise you to get an attorney’s representation, since some of the court rulings can be appealed or avoided altogether.
Attorney Evan Nappen Law in New Jersey concentrates in gun seizures and forfeitures law and is dedicated to protecting gun owners’ rights.
Contact us today!