Weapon Seizure And Forfeiture Attorney in New Jersey

When law enforcement seizes your firearms or other weapons, your life can change in a single encounter. Property you lawfully purchased may be taken, and you may suddenly face the risk of permanent loss and criminal charges. If you are dealing with weapon seizure and forfeiture, you do not have to face it alone.

At Roberts & Teeter, LLC, we focus our practice on criminal defense in New Jersey. Our attorneys, Michael Brett Roberts and Matthew Teeter, personally handle each case from start to finish. We work closely with clients whose weapons have been seized to help them understand the process, protect their rights, and plan the next steps.

We offer free consultations, so you can talk directly with one of our gun attorneys about what happened, what paperwork you received, and what may come next. Our goal is to provide clear information and steady guidance at a time when everything feels uncertain.

Your guns and your rights are worth the fight. Contact Roberts & Teeter, LLC at (732) 607-5553 or reach out online to speak with a weapon seizure and forfeiture attorney in New Jersey. Our exclusive focus on Criminal Defense, committed to communicating with clients, free consultation is your strongest asset in the courtroom.

Understanding Weapon Seizure and Forfeiture Laws in New Jersey

New Jersey’s weapon laws are among the most aggressive in the nation, providing multiple pathways for law enforcement to seize property. At Roberts & Teeter, LLC, we focus on the two primary statutes that govern these actions:

Seizure Under the Prevention of Domestic Violence Act (N.J.S.A. 2C:25-21)

This is the most common path for weapon seizure. If a law enforcement officer has probable cause to believe an act of domestic violence has occurred, they are required to question all parties about the presence of weapons. 

If an officer reasonably believes a weapon would expose a victim to a risk of serious bodily injury, they must seize:

• All firearms and other weapons on the premises.
• Your Firearms Purchaser Identification Card (FPIC).
• Any permits to purchase a handgun.
• Crucially, this seizure can occur even if the alleged domestic violence did not involve a weapon.

Seizure Under the Extreme Risk Protective Order Act (TERPO/FERPO)

New Jersey’s "Red Flag" law (N.J.S.A. 2C:58-20) allows family members, household members, or law enforcement to petition for a Temporary Extreme Risk Protective Order (TERPO). If a judge finds "good cause" to believe you pose an immediate danger to yourself or others, they will issue a warrant to search for and seize all firearms in your possession.

Statutory Disqualifiers (N.J.S.A. 2C:58-3)

Even if the underlying domestic violence or criminal complaint is dismissed, the State may still move for permanent forfeiture. They often rely on the "catch-all" provision of N.J.S.A. 2C:58-3(c)(5), arguing that returning your weapons would be "against the interest of the public health, safety or welfare." 

As a New Jersey weapon seizure and forfeiture lawyer, we know that this subjective standard is where the state often overreaches, and it is where we focus our defense.

Key Elements the Prosecution Must Prove

In a forfeiture hearing, the burden of proof rests on the State. To permanently deprive you of your weapons and revoke your FPIC, the County Prosecutor must prove their case by a preponderance of the evidence. This is a lower standard than "beyond a reasonable doubt," making it easier for the State to win if you do not have a strong defense. 

Our firm challenges the State on the following elements:

• Legal Justification for Seizure: Did the officer have a "reasonable belief" of danger, or did they exceed their authority under 2C:25-21?
• Fitness to Possess: The State must prove you are currently "unfit" to possess a weapon due to your character, temperament, or a specific statutory disability (such as a prior conviction or mental health institutionalization).
• Ongoing Risk: In domestic violence cases, the State must show that the situation still poses a threat, even if the restraining order was dismissed.

Penalties and Collateral Consequences of Weapon Forfeiture

The consequences of losing a forfeiture hearing are permanent and far-reaching. It is not just about the specific guns seized; it is about your future right to self-defense.

• Permanent Loss of Second Amendment Rights: If a judge orders forfeiture, you are effectively barred from owning, possessing, or purchasing any firearm in the State of New Jersey for the rest of your life.
• Revocation of FPIC and Permits: Your ID card and any existing permits are revoked. Any future applications will almost certainly be denied because you must disclose the forfeiture.
• Criminal Charges for Non-Compliance: If you are served with a Restraining Order or a TERPO and fail to immediately surrender all weapons, you can be charged with a second-degree crime, carrying a mandatory minimum prison sentence under the Graves Act.
• Reputational Damage: Forfeiture hearings are matters of public record. For individuals in professions requiring security clearances or background checks, a "threat to public safety" finding can be career-ending.

The New Jersey Process for Weapon Seizure and Forfeiture

The timeline in these cases is incredibly tight. Missing a single deadline can mean the permanent loss of your property without a fight.

• Initial Seizure: Law enforcement takes the weapons and transfers them to the County Prosecutor’s Office.
• The 45-Day Rule: Under N.J.S.A. 2C:25-21(d), the Prosecutor has only 45 days from the date of seizure to file a formal petition for forfeiture. If they fail to file within this window, we can move for the immediate return of your property.
• The Hearing: Once a petition is filed, a hearing must be held in the Superior Court (Family Part for DV cases, Criminal Part for ERPO cases). This is a summary proceeding where witnesses testify, and evidence is presented.
• Psychological Evaluations: In many cases, the court or the prosecutor may demand that you undergo a psychological evaluation at your own expense to determine your fitness.
• Transfer/Sale Option: If forfeiture is likely, a New Jersey weapon seizure and forfeiture lawyer may be able to negotiate a "divestiture" where you sell the weapons to a licensed dealer or transfer them to a qualified third party, rather than losing the financial value entirely.

What To Do After Weapons Are Seized

The hours and days after a seizure are often the most stressful. You may feel the urge to argue with officers, call the other people involved, or post your side of the story online. Those reactions are understandable, but they can create problems later in court. Taking a careful approach now can give you better options later.

During the seizure itself, it is usually safest to follow lawful instructions, avoid physical resistance, and limit what you say to basic identifying information. Once officers leave, gather any documents they provided, such as receipts, incident numbers, or notices about hearings. If you were not given paperwork, write down where and when the seizure occurred and which police department was involved.

Try not to discuss the details of the situation on social media or through group texts. Statements made in frustration can be taken out of context and used in forfeiture proceedings or in a related criminal case. It is also wise to avoid contacting alleged victims or witnesses unless you have first spoken with a criminal defense attorney and understand the potential impact.

We encourage you to contact a criminal defense attorney promptly once your weapons have been taken in New Jersey. During a free consultation at Roberts & Teeter, LLC, we review your paperwork, listen to your account of what happened, and explain the likely stages of your matter. We then discuss options for responding, including how to prepare for any upcoming court dates and what information we may need from you.

Why Choose Roberts & Teeter, LLC

Our practice is dedicated exclusively to criminal defense in New Jersey. That focus allows us to stay current on developments in state law that affect weapon forfeiture, domestic violence, mental health issues, and related criminal charges. When you call us, you are speaking with attorneys who spend every day in this area of law, not with a general practice that handles many unrelated matters.

Our attorneys also work with a network of private investigators, psychologists, and other professionals when a case calls for it. For example, in some matters, a mental health evaluation can help the court understand treatment history and risk in a more balanced way. In other matters, an investigation into the underlying incident may be important for both the criminal case and any forfeiture hearing.

Because we are a boutique firm, we are able to give each client close attention. We take time to understand how the seizure happened, what your family situation is, and what outcome you are hoping for. That information shapes the strategy we develop with you, whether the case involves a single firearm or an entire collection.

Our Comprehensive Approach to Weapon Forfeiture Defense

At Roberts & Teeter, LLC, we take a proactive and evidence-driven approach. We are committed to communicating with clients at every stage, ensuring you understand the State's allegations and our strategy to counter them.

• Challenging the Credibility of Accusations: In domestic violence cases, seizures are often based on exaggerated or false claims made during a heated separation. We cross-examine witnesses to expose inconsistencies.
• Medical and Expert Rebuttal: If the State claims you are a danger due to mental health or "temperament," we work with independent forensic psychologists to provide a professional counter-opinion.
• Procedural Attacks: We hold the Prosecutor’s Office to strict statutory timelines. If they missed the 45-day filing deadline, we fight to have the petition dismissed.
• Negotiating Dismissals: Our goal is always the return of your weapons and the preservation of your FPIC. We often negotiate "consent orders" where the State agrees to return property after a cooling-off period or the completion of counseling.

Possible outcomes can include full return of weapons, negotiated resolutions that may involve conditions, or permanent forfeiture. Courts generally look at factors such as the seriousness of the underlying allegations, any criminal history, the presence of restraining orders, mental health concerns, and whether returning weapons would pose a risk. Each case is fact-specific, and no attorney can promise a particular result.

Talk to Our Gun Attorneys in New Jersey in a Free Consultation

If your weapons have been taken and you are facing the possibility of weapon seizure and forfeiture in New Jersey, you do not have to navigate this alone. At Roberts & Teeter, LLC, our attorneys work directly with you to explain the process, prepare for hearings, and defend your rights at every stage.

We offer free consultations and clear communication so you can decide how to move forward with confidence. To talk with an attorney about your situation and learn how we may help, contact us today.

Call (732) 607-5553 or fill out this online form to schedule your free consultation with our gun rights attorneys.

Frequently Asked Questions

How long can police hold my weapons in New Jersey?

Police can typically hold seized weapons until the county prosecutor decides whether to seek forfeiture and until the Superior Court rules. The exact timing depends on filings, court schedules, and any related criminal or restraining order cases. We can review your paperwork and give you a more specific overview.

Can I ever get my seized firearms back?

In some cases, firearms are returned, and in others they are permanently forfeited. The outcome depends on the nature of the allegations, your history, any restraining orders, and what the judge believes is safe under New Jersey law. We can help you understand realistic options in your situation.

Do I really need a lawyer if I have no record?

Even with a clean record, weapon seizure and forfeiture can have serious consequences for your rights and future. Procedures in the Superior Court of New Jersey can be complex, and deadlines are important. Having our attorneys involved helps you respond properly and avoid unintended mistakes.

How much will it cost to fight weapon forfeiture?

Costs vary with the complexity of the case, the number of court appearances, and whether outside professionals are involved. We begin with a free consultation and explain our fees and payment expectations clearly before you decide how to proceed. Our firm works to provide affordable criminal defense.

How quickly can your attorneys step in after a seizure?

We strive to speak with new clients as soon as possible, especially when hearings or deadlines are coming up. Once you contact us, we review any documents you have, discuss what happened, and outline immediate next steps. Prompt involvement can make it easier to protect your position in court.

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