I was speaking to a friend who told me that a co-worker had his rifles, pistols and bow taken by the police because the son's ex-gf and the son put restraining orders against each other. The girl tells the police that the father has firearms and they proceed to the house and take all the father's guns. The reasoning was that they live together.

 

This does NOT seem right. How can the father's rights be abridged by the son's fight. (mind you the orders were a result of the gf going to the house and causing a scene while the dad was out and she struck the mother)

 

My advice was to lawyer up and get in that prosecutor's ear asap. Can they do that?

YES. The police can seize the firearms of anyone if defendant has the accessibility to them. Even if not cohabitants.

 

EX: If the complainant says the defendant frequently borrows his father's firearms, they will be initially seized.

Restraining orders are one of the few guilty until proven innocent things in our legal system.

 

Basically, it works like this: Person A goes to court and files a restraining orders and says person B is a danger to them. Due to too many domestic battery instances, the courts make it very easy to get a restraining order. The restraining order is granted. Person B is served by the local PD and weapons are removed. This is to protect person A from injury or death from person B. A few days later, if person B challenges the restraining order, there is a court hearing.

The thing that sucks about restraining orders is that anyone can go down to the county courthouse and convince a judge that they are afraid of you and the order will be granted. No cops involved, nothing, you don't have to do anything wrong and a TRO will be granted. Like another already said, your guilty until proven innocent.

 

Most young guy's who havn't done anything wrong, going through this nightmare ultimatly marry the stalker woman and live a miserable couple of years, end up in jail or thrown out of their house and lose all their stuff. And to make matters worse, if you have a joint checking account, before she goes to the courthouse she's going to empty the account so you have no money to hire a defense attorney, all the while she's being represented for free by the Battered Womans Association.

yeah but how does the guy actually get his guns/ bow back?

I'm not a lawyer but I guess he has to kick his son out of his house and not let him come over.

The defendant must appear before a Weapons Forfeiture Hearing in the county where the firearms were seized. There must be enough evidence or testimony against the defendant in order to not allow the return. In most cases the plaintiff changes their mind about pursuing any complaints and the weapons can be returned. But also, in a lot of other cases, the defendant never appears himself and they are automatically forfeited.

 

Here is the sticky part. If the firearms are allowed to be returned, and the defendant, (now the victim), never had a NJ FPID or acquired the handguns without permits that he can produce, he must now apply for a FPID and/or P2Ps to get his guns back. About a year after the original seizure, the firearms are return.

 

 

I'm not a lawyer but I guess he has to kick his son out of his house and not let him come over.

 

 

Exactly what my first thought was.

BTW, HERE is the seizure portion of Chapter 25 of Title 2C.

 

Also, once a person cohabitates with someone, no matter how long ago, they are allowed to get a restraining order. There is nothing in the law which limits the time and it gives the police the power to search and seize for weapons in the name of safekeeping and protection.

 

EX: Your are a 50 YOA attending a family birthday party at your neice's home. Your 46 YOA sister, with whom you lived with 30+ years prior, pissed you off and you embarassed her in front of other family members. She retaliated by calling the police and signed a DV complaint against you. Your weapons WILL be seized.

One more thing, there need not be a restraining order issued for your weapons to be seized, only a complaint made of domestic violence.

 

EX: You had a few beers and make a comment to your wife that her a$$ is too big. This pisses her off because you have been sitting on your a$$ all day watching football. Her oversensitiveness causes her to call the police and they respond. The wifey says that she doesn't want a TRO but due to your drunkenness and harassment, she feels that she would feel safer if your firearms were removed. Guess what? .......

I had my firearms siezed one year ago after me and the wife were arguing and the nieghbor called the cops. It was summer time and the windows were open. Cops showed up asked what was going on my wife said we were both arguing. cops walked in asked for my firearms and permits. My wife said there was no reason to take my guns but you know the cops said they had to. We Had a court date three days later in wich my wife said nothing happened and she didnt know why the cops were called in the first place. The case was thrown out but in accordance with some bullcrap Nj law I had to wait a mandatory 90 days to get them back. After the 90 days i just went up to the prosecuters office gave them my paperwork from court and they gave me all my firearms and permits. I didnt have to apply for anything.

Because they already had the NJ paperwork, that is why did not need to apply. If you didn't, ie. moved into NJ with your firearms, you would have to apply. BTW, this is no black and white process. Prosecutors and Police interpret the laws differently and your mileage may vary. I gave examples of what could happen as written in the laws. Also, there is no 90 day law that I know of.

domestic violence calls suck, my neihbor across the street had a bbq two of his frinds were in an argument out in the street bobs wife calls the po po and they siezed all his guns.. he said i will never do that again they can kill themselfs before i call..took bob 1 year to get them back and 1500.00 in lawyers fees..bob only had 3 shotguns for hunting the only reason he spent the money was because his late fathers red label o/u was siezed which had a tremendaus value to him.. the other guns were not worth the money in lawyers fees to get them back.

To add to this, even if it was concluded at the Weapons Forfeiture Hearing that you may not have your firearms back, you may still acquire new ones. There may be a delay on your purchase, but the PDs get a letter from the Prosecutor advising that your firearms and/or FPID were forfeited, and that they should take this in consideration should you apply for a new FPID and/or P2Ps.

 

Also, let it rest for awhile. Borrow someone else's firearm to hunt or at the range, while following the law. Remember, one is not a prohibited person if weapons were seized. One is allowed to possess firearms, just not allowed to acquire them without paperwork, which should have been seized originally.

Thanks for all the info, I was kind of hoping he can just say he will keep them in a safe but I guess the son must go. It seems pretty cut and dry. I actually feel like representing the guy for free but dont want to screw things up worse.

 

I'll let you know what happens. I just hate the ability to take the firearms from a non-party without a hearing.