Weapons Forfiture NJ

[liftnj]

My wife tried to file a false TRO against me. I had the whole night on tape which proved my innocence, but the state (NJ) also makes you go to a weapons forfeiture hearing. Between the divorce and the TRO hearing I don't have funds for representation. I am looking for someone to point me in the right direction for research. For the TRO there were no law enforcement called, there was no evidence supporting her claim, and which a judge dismissed.

Any help would be appreciated.

Thanks,

 

[quincy]

My wife tried to file a false TRO against me. I had the whole night on tape which proved my innocence, but the state (NJ) also makes you go to a weapons forfeiture hearing. Between the divorce and the TRO hearing I don't have funds for representation. I am looking for someone to point me in the right direction for research. For the TRO there were no law enforcement called, there was no evidence supporting her claim, and which a judge dismissed.

Any help would be appreciated.

Thanks,

Brian

Your wife claimed domestic violence but the police were never called? A temporary restraining order applied for by your wife was not issued? When were your weapons seized?

I am not sure how a recording of a single night proves anything. That said, if no restraining order was issued and/or the complaint against you was dismissed and/or you were found not guilty of domestic violence and/or if the court determined the domestic violence situation no longer exists, you can have any weapons that were seized returned to you.

If your firearms are not returned to you upon written request and above conditions apply, you can file a civil action to recover them.

Here is a link to the law: http://codes.findlaw.com/nj/title-2c-the-new-jersey-code-of-criminal-justice/nj-st-sect-2c-25-21.html

 

[xylene]

Personally, If your firearms are not to be returned, which seems to require a court order, I'd ask to sell all the firearms.

That's an easy case to make since you also say your are having a cash crunch.

This is practical advice.