Experienced Legal Defense Against Weapon Forfeiture
Under New Jersey law, law enforcement can seize your firearms as a precaution if you are accused of domestic violence or otherwise viewed as a safety threat. The county prosecutor may then file a forfeiture action to permanently retain your weapons and revoke your gun permits.
You have the right to fight back against weapons forfeiture in a formal hearing. Gigliotti Law Group provides the skilled and proactive representation you need. Our South Jersey criminal law attorneys have helped many clients win back their guns and preserve their constitutional right to bear arms.
Can Police Take Away My Guns … And Keep Them?
Yes, this happens with regularity in domestic violence cases. New Jersey’s “Seizure of Weapons For Safekeeping” statute gives law enforcement officers discretion to confiscate firearms when they are called to the scene of a domestic disturbance. Individuals can also be compelled to surrender their guns if the alleged victim obtains a domestic violence restraining order against them. This includes surrendering any firearm ID cards, concealed carry permits or gun licenses.
Even if the temporary restraining order is later lifted or no criminal assault charges are filed, you don’t automatically get your guns back. The weapons are turned over to the local prosecutor, who has the power to either (a) return your firearms or (b) seek permanent forfeiture of your weapons.
Former Prosecutors Fighting For Your Gun Rights
You have a constitutional right to fight back by requesting a weapons forfeiture hearing in Superior Court. Our criminal defense team includes former prosecutors who have worked with the weapons forfeiture unit. We are well-versed in the law and the criteria for confiscating guns.
We will approach the prosecuting attorney early in your domestic violence case to try to get your guns back. If the prosecutor declines and files for forfeiture, we will present a compelling argument to the judge in your hearing. We understand that it is not just your personal property at stake but your Second Amendment rights. Our attorneys can defend you during every phase of the process — criminal assault charges, final restraining orders and forfeiture of weapons.
Take Action Today To Fight Weapon Forfeiture
When the government crosses the line, We Bite Back.® Contact our South Jersey defense firm to speak with a lawyer who can defend your weapons forfeiture case. We will do everything we can to get your firearms returned and your gun rights restored. Call our offices in Cherry Hill at 844-742-7591 or contact us online to schedule your free consultation. We practice in Camden, Burlington, Gloucester, Mercer counties and throughout the state of New Jersey.