Law Lessons from STATE v. J.V.B., Appellate Division, A-1268-05T1, October 31, 2006, not approved for publication:

The voluntary dismissal of a domestic violence complaint does not mandate the automatic return of any firearms seized by law enforcement officers in connection therewith. State v. Cordoma, 372 N.J. Super. 524 (App. Div. 2004); In re Return of Weapons to J.W.D., 149 N.J. 108, 110 (1997). That is so because the issuance of a permit to purchase a firearm or firearms purchaser identification card is limited by N.J.S.A. 2C:58-3c(1) to (8) to persons who are not subject to any of eight enumerated disabilities. Disability (1) pertains to persons who have been convicted an act of domestic violence, and disability (6) to “any person who is subject to a restraining order issued pursuant to the [DVA] prohibiting the person from possessing any firearms.” Thus, a permit previously issued may be revoked if the person becomes subject to any of the statutory disabilities. The Prosecutor retains the statutory right to seek the forfeiture of any seized firearms, provided it can show that defendant is afflicted with one of the legal “disabilities” enumerated in N.J.S.A. 2C:58-3c.

Within forty-five days of seizure, the State can petition the Family Part for a forfeiture order “to obtain title to the seized weapons, or to revoke any and all permits, licenses and other authorizations for use, possession, or ownership of such weapons.” N.J.S.A. 2C:25-21d(3); State v. Wahl, 365 N.J. Super. 356, 362 (App. Div. 2004). The proceedings are to be conducted in a summary fashion and the burden of proof is upon the State to show, by a preponderance of the evidence, that forfeiture is legally warranted.

After the hearing the court shall order the return of the firearms, weapons and any authorization papers relating to the seized weapons to the owner if the court determines the owner is not subject to any of the disabilities set forth in N.J.S.A. 2C:58-3c and finds that the complaint has been dismissed at the request of the complainant and the prosecutor determines that there is insufficient probable cause to indict; or if the defendant is found not guilty of the charges; or if the court determines that the domestic violence situation no longer exists. [N.J.S.A. 2C:25-21d(3).]

NOTE: This Blog/Blawg, NJ Family Issues, is managed by Paul G. Kostro, Esq., an attorney/lawyer/mediator in Linden, Union County, New Jersey.

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