Handing over gun for "safekeeping"

[7-3-2 9]

Anyone know if the police can actually force you to hand over your guns for safekeeping when you purchased them legally and havent committed any crimes since then? It was just a suggestion from somebody that got me thinking whether or not the police can actually force you to surrender legally owned firearms.

[Shane45 807]

They cannot make you voluntarily surrender them if that is your question. And unless they had PC or could make a public or spousal safety case, I think they would need a warrent to sieze them. BUT PLEASE SEEK REAL LEGAL ADVICE if you have a situation on your hands that warrents it.

[GRIZ 3,369]

Anyone know if the police can actually force you to hand over your guns for safekeeping when you purchased them legally and havent committed any crimes since then?

 

There's actually a couple of questions in there. Where were they purchased legally and what crime did you commit back then? How do the police know you have firearms? They can't make you "voluntarily" give anything up. They can seize things contrary to law. If this is related to your post here:

 

http://njgunforums.com/forum/index.php?/topic/24299-just-got-notified-i-was-disapproved-for-my-fid-pp/page__p__319584#entry319584

 

You need to talk with a lawyer.

[PK90 3,573]

Yes

[BRaptor 68]

NJSA 2C:58-3

 

(f) f.Granting of permit or identification card; fee; term; renewal; revocation. The application for the permit to purchase a handgun together with a fee of $2, or the application for the firearms purchaser identification card together with a fee of $5, shall be delivered or forwarded to the licensing authority who shall investigate the same and, unless good cause for the denial thereof appears, shall grant the permit or the identification card, or both, if application has been made therefor, within 30 days from the date of receipt of the application for residents of this State and within 45 days for nonresident applicants. A permit to purchase a handgun shall be valid for a period of 90 days from the date of issuance and may be renewed by the issuing authority for good cause for an additional 90 days. A firearms purchaser identification card shall be valid until such time as the holder becomes subject to any of the disabilities set forth in subsection c. of this section, whereupon the card shall be void and shall be returned within five days by the holder to the superintendent, who shall then advise the licensing authority. Failure of the holder to return the firearms purchaser identification card to the superintendent within the said five days shall be an offense under subsection a. of N.J.S.2C:39-10. Any firearms purchaser identification card may be revoked by the Superior Court of the county wherein the card was issued, after hearing upon notice, upon a finding that the holder thereof no longer qualifies for the issuance of such permit. The county prosecutor of any county, the chief police officer of any municipality or any citizen may apply to such court at any time for the revocation of such card.

 

IANAL, and this is only a deconstruction based on the reading of THIS statute.

 

So, under my reading, your original FID is still valid, even though you lost it, because you still only applied for a replacement. Nothing that I found says your FID becomes void/invalid upon you losing it. The section 2C:58-3© referred to in 2C:58-3(f) enumerates the conditions on which your FID becomes automatically void and you must turn it in within 5 days: I think pertinent to your concerns are

2C:58-3© (7) To any person who as a juvenile was adjudicated delinquent for an offense which, if committed by an adult, would constitute a crime and the offense involved the unlawful use or possession of a weapon, explosive or destructive device or is enumerated in subsection d. of section 2 of P.L.1997, c.117 (C.2C:43-7.2)

Section 2c:43-7.2(d)(2) is aggravated manlsaughter or manslaughter. The "and" is an important word, here.

 

You can't turn in your FID, even if 2C:58-3© as incorporated into 2C:58-3(f) applied, because you lost it. It's impossible. But, it's still valid, unless you're disqualified/voided under 2C:58-3© and (f).

 

Because your FID is still, technically, valid and you haven't said you are disqualified under 2C:58-3© and (f), an application must be made to the Court by one of the enumerated officers, and your FID can only be invalidated after hearing upon notice.

 

My reading of the statute says that you should be issued a replacement FID or change of address as a matter of right and if they want to "deny" your replacement, they must apply to the Superior Court. That would be the only reason for having the distinguishing mark of checking "Replacement" on the application form. Otherwise, you're just re-applying and the process and your rights should be the exact same. It appears clear by the statute that your rights are not the same. It appears that your rights to an FID are greater under a replacement or change of address.

 

Again, IANAL.

[The Dark Knight 11]

Just in case the OP is unfamiliar with the term, IANAL means I Am Not A Lawyer.