Domestic violence is a serious issue and the State of New Jersey takes the ongoing safety of the victim seriously. The presence of firearms in a volatile relationship only serve to increase the risk of serious harm or even death. Even if the abuser has a valid firearms permit and the guns were legally obtained, a finding of domestic violence can allow for the seizure of all weapons (even if not used in the underlying act of domestic violence) and forfeiture of the abuser’s firearms licenses and purchasing permit. The case described below details some of the relevant considerations the court will consider when facing a request by the State to seize weapons / licenses.
FAMILY LAW 20-2-0433 In the Matter of the Seizure of Weapons Belonging to D.P.P., App. Div. (per curiam) (12 pp.) Defendant D.P.P. appeals from an order entered by the Family Part, granting the State’s motion to forfeit his seized weapons and to revoke his firearms permits and licenses, pursuant to N.J.S.A. 2C:25-21(d)(3). He contends that the trial judge erred in permitting the State to retain an expert witness after the trial had commenced, and that the trial judge’s factual findings were against the weight of the evidence. The appellate panel disagrees and affirms substantially for the reasons stated by Judge Firko. Based on defendant’s mental illness and his history of violence and threats of violence toward his co-workers and his ex-wife, the judge concluded that the State carried its burden of proving that allowing defendant to have firearms would pose a danger to the public health, safety or welfare. It was not an abuse of the judge’s discretion to allow the State to present testimony from its expert. The defense had time to prepare a response to the defense expert’s testimony and was permitted to re-call its own expert after he testified. As a sanction, the judge ordered the State to pay defendant’s expert’s fee.
