Seizure of Weapons
- Acquiring title to the seized weapons;
- Revocation of any permits, licenses, etc., held by the accused; or
- Withholding of the weapons on the basis that the accused poses a threat to the public in general or a person or persons in particular.
The aforesaid relief can only be granted if the defendant has been provided notice of the action and an opportunity to contest the relief in a hearing.How can I Obtaining the Return of My WeaponsThe prosecutor does not have the right to arbitrarily withhold your weapons once the restraining order is dropped/dismissed. The weapons must be returned absent a determination by the prosecutor that probable cause exists for forfeiture and/or the domestic issue continues to exist. And if the prosecutor fails to move within 45 days for forfeiture and/or establish a valid basis for withholding the weapons, the defendant is entitled to recovery of costs incurred in obtaining a return of the weapons, including reasonable attorneys’ fees.Where do My Weapons go if the Restraining Order Becomes Permanent?It is the obligation of the defendant to make arrangements for the weapons to be transferred and/or sold within 60 days of forfeiture. If the owner does not make such arrangements, the prosecutor’s office is free to dispose of the weapons, including selling and/or destroying them.
If a restraining order was entered against you, it is important that you consult an attorney. Our firm can help you avoid permanent restraints and recover your handgun, shotgun, rifle or other firearm. Call us today at 732-286-6500 to speak to one of our weapon defense lawyers immediately.