HACKENSACK, NJ - Firearm owners in New Jersey who have had their weapons confiscated face strict legal deadlines and complex forfeiture proceedings that can result in the permanent loss of their firearms and associated permits. Bergen County criminal defense attorney Adam M. Lustberg of Lustberg Law Offices, LLC (https://www.lustberglaw.com/gun-seizure-forfeiture-attorney/) is providing guidance on the legal frameworks governing firearm seizure and the options available to owners seeking the return of their weapons.

According to Bergen County criminal defense attorney Adam M. Lustberg, New Jersey law authorizes firearm seizures under four primary legal frameworks: criminal forfeiture under N.J.S.A. 2C:64-1, domestic violence forfeiture under N.J.S.A. 2C:25-21, the Health Care Professional Duty to Warn statute under N.J.S.A. 2A:62A-16, and Extreme Risk Protective Orders under N.J.S.A. 2C:58-20 through 58-32. Each framework carries different burdens of proof, timelines, and hearing procedures. Under N.J.S.A. 2C:64-1, firearms that are unlawfully possessed, carried, acquired, or used are classified as prima facie contraband and are subject to immediate seizure. "Knowing which law applies to your situation is the critical first step toward building a defense," Lustberg explains.

Bergen County criminal defense attorney Adam M. Lustberg notes that once firearms are confiscated, they must be delivered to the county prosecutor's office along with a written inventory. In Bergen County, seized weapons are transferred to the Bergen County Prosecutor's Office in Hackensack for inventory and storage. The county prosecutor then has 45 days from the date of seizure to either return the weapons or file a forfeiture petition with the court. If a forfeiture petition is filed, a hearing must be held within 45 days of the notice. This hearing is a bench trial decided by a Superior Court judge, and the court will not appoint a public defender for forfeiture proceedings.

Domestic violence incidents are among the most common triggers for firearm seizures in New Jersey. Attorney Lustberg notes that under the Prevention of Domestic Violence Act, responding officers who have probable cause to believe an act of domestic violence occurred and who observe or learn that a weapon is present must seize any firearm they reasonably believe could endanger the victim. Officers must also confiscate the accused person's Firearms Purchaser Identification Card and any handgun purchase permits. The issuance of a Temporary Restraining Order or a Final Restraining Order can also trigger firearm forfeiture, and a judge may authorize law enforcement to accompany the defendant to locations where firearms are believed to be stored. "Even if charges are dropped or a temporary restraining order is dismissed, the prosecutor may still refuse to return firearms," he adds. "Getting weapons back requires navigating a separate forfeiture proceeding."

New Jersey's Extreme Risk Protective Order Act of 2018 provides another pathway for firearm removal. Under this framework, family members, household members, or law enforcement officers may petition a court to have firearms removed from a person they believe poses a danger to themselves or others. A Temporary Extreme Risk Protective Order can be issued without the respondent being present, and the court shall issue a search warrant with the order to facilitate immediate surrender. A hearing on a Final Extreme Risk Protective Order must occur within 10 days of the petition filing, and the court evaluates factors including history of threats or violence, prior arrests or convictions for violent offenses, history of substance abuse, and recent firearm acquisitions. Lustberg emphasizes that a Final Extreme Risk Protective Order can remain in effect indefinitely until the respondent successfully petitions for termination by proving they no longer pose a danger.

Under N.J.S.A. 2C:25-21(d)(3), seized weapons must be returned if the court finds that the owner is not subject to any disqualifying conditions under N.J.S.A. 2C:58-3(c), the complaint was dismissed and the prosecutor found insufficient probable cause, the defendant was found not guilty, or the domestic violence situation no longer exists. Even when these conditions are met, the return is not automatic, and the owner must formally request return through the county prosecutor's office. If the court orders that firearms will not be returned, the owner typically has 60 days to arrange for a transfer or lawful disposition through a licensed dealer. Firearms not claimed within the legal timeframe may be permanently destroyed under N.J.S.A. 2C:64-6.

Failing to surrender firearms when legally required carries severe penalties. Under N.J.S.A. 2C:39-7(b)(3), a person whose firearms were seized and not returned who then possesses a firearm is guilty of a third-degree crime carrying three to five years in prison and fines up to fifteen thousand dollars. Violating an Extreme Risk Protective Order can result in criminal contempt charges under N.J.S.A. 2C:58-29, carrying additional jail time and fines. "Voluntary compliance while challenging the forfeiture through legal channels is the safest approach," Lustberg advises.

Forfeiture proceedings operate on strict deadlines, and missing the opportunity to respond or failing to request a hearing can result in waiving the right to contest the forfeiture entirely. For those facing firearm forfeiture proceedings in New Jersey, consulting with a criminal defense attorney experienced in forfeiture hearings may help protect legal rights and maximize the possibility of having weapons returned.

About Lustberg Law Offices, LLC:

Lustberg Law Offices, LLC is a Hackensack-based law firm focused exclusively on criminal defense. Led by attorney Adam M. Lustberg, a New Jersey Supreme Court Certified Criminal Trial Attorney with a 10 out of 10 Avvo rating, the firm represents clients throughout Bergen County and the surrounding areas. The office is located at One University Plaza Drive, Suite 212, in Hackensack and is available 24/7. For consultations, call (201) 880-5311.

Email: alustberg@lustberglaw.com

Media Contact

Name
Lustberg Law Offices, LLC
Contact name
Adam M. Lustberg
Contact phone
(201) 880-5311
Contact address
1 University Plaza Dr #212
City
Hackensack
State
NJ
Zip
07601
Country
United States
Url
https://www.lustberglaw.com/