Simon Law Group

SIEZURE OF WEAPONS

NJ DOMESTIC VIOLENCE - SIEZURE OF WEAPONS

Seizure of a Weapon for Safekeeping.

Restraining Order Attorneys

A.    A police officer who has probable cause to believe that an act of domestic violence has been committed may:

1) Question all persons present to determine whether there are weapons, as defined in N.J.S.A. 2C:39- 1r, on the premises.

2) If an officer sees or learns that a weapon is present within the premises of a domestic violence incident and reasonably believes that the weapon would expose the victim to a risk of serious bodily injury, the officer should attempt to gain possession of the weapon

3) If the weapon is in plain view, the officer should seize the weapon.

4) If the weapon is not in plain view but is located within the premises jointly possessed by both the domestic violence assailant and the domestic violence victim, the officer should obtain the consent, preferably in writing, of the domestic violence victim to search for and to seize the weapon.

5) If the weapon is not located within the premises jointly possessed by the domestic violence victim and assailant but is located upon other premises, the officer should attempt to obtain possession of the weapon from the possessor of the weapon, either the domestic violence assailant or a third party, by a voluntary surrender of the weapon.

6) If the domestic violence assailant or the possessor of the weapon refuses to surrender the weapon or to allow the officer to enter the premises to search for the named weapon, the officer should obtain a Domestic Violence Warrant for the Search and Seizure of Weapons.

B.    Seizure of a Weapon Pursuant to Court Order.

1) If a domestic violence victim obtains a court order directing that the domestic violence assailant surrender a named weapon, the officer should demand that the person surrender the named weapon.

2) If the domestic violence assailant or the possessor of the weapon refuses to surrender the weapon, the officer should:

-- inform the person that the court order authorizes a search and seizure of the premises for the named weapon, and

-- arrest the person, if the person refuses to surrender the named weapon, for failing to comply with the court order, N.J.S.A. 2C:29- 9

-- conduct a search of the named premises for the named weapon.

3)  The officer must append an inventory of seized weapons to the domestic violence offense report.

4) Weapons seized by a police officer must be promptly delivered to the county prosecutor along with a copy of the domestic violence offense report and, where applicable, the domestic violence complaint and temporary restraining order.

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