Latest / BSPE Legal Marketing Podcast / What Happens to Your Gun Rights After a Domestic Violence Charge in New Jersey? - Adam M. Lustberg

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What Happens to Your Gun Rights After a Domestic Violence Charge in New Jersey? - Adam M. Lustberg · BSPE Legal Marketing Podcast

• 0:00
  What Happens to Your Gun Rights After a Domestic Violence Charge in New Jersey?
• 0:03
  A single domestic violence call in New Jersey can set off a chain of legal events that strips you of your firearms before you even understand what just happened.
• 0:11
  Narrator: Under N.J.S.A. 2C:25-21, responding officers are required by law to ask whether firearms are present in the home and to seize any weapon they reasonably believe could expose the alleged victim to serious bodily injury.
• 0:25
  Narrator: This seizure can occur without an arrest and without a warrant, simply because the officer is lawfully present in the home and acting under the statute.
• 0:33
  Narrator: Along with any firearms, police will also confiscate the accused person's Firearms Purchaser Identification card and any handgun purchase permits on the spot.
• 0:41
  Narrator: Once those weapons leave your home, they are transferred to the county prosecutor, who then decides whether to seek permanent forfeiture or arrange for their return through a formal court process.
• 0:51
  Narrator: A temporary restraining order issued under the Prevention of Domestic Violence Act immediately prohibits you from possessing firearms and requires you to surrender any weapons still in your control.
• 1:00
  Narrator: A temporary restraining order is an emergency order granted the same day, based solely on the complainant's account, and it stays in place until a final hearing is held within ten days of filing.
• 1:11
  Narrator: A final restraining order, by contrast, follows a contested hearing where both sides testify, and in New Jersey, a final restraining order never expires on its own.
• 1:20
  Narrator: Under N.J.S.A. 2C:58-3, an active final restraining order bars you from purchasing, owning, possessing, or controlling any firearm for as long as that order remains in effect.
• 1:31
  Narrator: Federal law adds another layer, separately prohibiting firearm possession for individuals subject to qualifying protective orders entered after notice and a hearing under 18 U.S.C. Section 922(g)(8).
• 1:44
  Narrator: Beyond restraining orders, domestic violence allegations frequently trigger separate criminal weapons charges prosecuted in a different court, compounding the legal jeopardy you face.
• 1:53
  Narrator: New Jersey's Certain Persons Not to Have Weapons statute, N.J.S.A. 2C:39-7, makes firearm possession itself a crime for people in defined categories, and a conviction can carry a mandatory prison term without early release.
• 2:07
  Narrator: It is critical to understand that seizure is a temporary removal of weapons from the scene, while forfeiture is the permanent, court-ordered loss of those firearms after a formal petition is filed by the county prosecutor.
• 2:19
  Narrator: At a forfeiture hearing, you have the right to appear, present evidence, and cross-examine witnesses, which is precisely why having skilled legal representation before that hearing begins can determine the outcome.
• 2:30
  Narrator: Since 2004, attorney Adam M Lustberg has practiced criminal defense across New Jersey, personally handling seizure and forfeiture hearings for people whose firearms and rights hang in the balance.
• 2:41
  Narrator: This law firm represents clients in Bergen County and statewide, defending individuals whose domestic dispute allegations have escalated into full forfeiture proceedings and criminal weapons charges.
• 2:52
  Narrator: When time is working against you and every court date moves the process closer to permanent forfeiture, the right legal counsel can challenge whether a disqualification truly applies, whether possession was lawfully proven, and whether the search itself was constitutional.
• 3:05
  Narrator: Call Lustberg Law Offices, LLC at 201, 880, 5311, located at 1 University Plaza Dr #212, Hackensack, NJ 07601, United States, to schedule your consultation and start building your defense today.