Domestic Violence and Weapons Forfeiture (Part 1)

by | Jul 27, 2021 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County

On June 24, 2021, a three-judge appellate panel decided the Gloucester County case of State v. W.C. The principal issue under N.J.S.A. 2C:25-21 was whether the State could forfeit the defendant’s weapons after a final domestic violence restraining order was vacated.

Former Monmouth County Superior Court Judge Vernoia wrote in relevant part: The State contends that although the FRO was vacated by the court following the second trial, N.J.S.A. 2C:25-29(b) barred defendant’s possession of a firearm for a minimum of two years following entry of the May 19, 2020 FRO. The State argues that when the court decided the forfeiture motion, defendant was “subject to” an order–the FRO–entered under the PDVA, that, by virtue of N.J.S.A. 2C:25-29(b)‘s two-year bar, disqualified defendant from possessing a weapon or firearms purchaser identification card under N.J.S.A. 2C:58-3(c)(6). The State reasons defendant is therefore subject to a disability under N.J.S.A. 2C:58-3(c)(6), and, as a result, it is entitled under N.J.S.A. 2C:25-21(d)(3) to forfeiture of the seized weapons. See In re F.M., (explaining the State is entitled to forfeiture of weapons seized pursuant to the PDVA where a defendant suffers from a “disability” under N.J.S.A. 2C:58-3(c).

The State’s claimed entitlement to forfeiture rests solely on a literal interpretation of N.J.S.A. 2C:25-29(b) that, in our view, leads to an absurd result. The logic underlying the State’s position is simple, but flawed. It claims N.J.S.A. 2C:25-29(b) is mandatory because the statute provides that an FRO “shall bar the defendant from . . . possessing . . . a firearm . . . during the period in which the restraining order is in effect or two years, whichever is greater.” The State argues that because the court entered an FRO following the first trial, N.J.S.A. 2C:25-29(b) mandates a minimum two-year bar to defendant’s possession of firearms that constitutes a disability under N.J.S.A. 2C:58-3(c)(6). The State contends the alleged disability requires forfeiture under N.J.S.A. 2C:21-25(d)(3). The State also contends N.J.S.A. 2C:25-29(b) provides no exception for FROs that are later vacated, and the mandatory bar requires a finding defendant “is subject to a restraining order pursuant to the PDVA prohibiting him from possessing any firearm” under N.J.S.A. 2C:58-3(c)(6).

The State’s interpretation of the statute seems logical. The vast majority of final restraining orders (FROs) have a permanent effect. Thus, the “two-year” language seems to exist as a temporary bar to weapons possession in the rare case of a vacated FRO.

Excellent rating
Based on 288 reviews
Google star 1Google star 2Google star 3Google star 4Google star 5
Google star 1Google star 2Google star 3Google star 4Google star 5
Thank you very much for your information on DUI check points. It is a great asset to the community . 5 stars for sure!
James P
Google star 1Google star 2Google star 3Google star 4Google star 5
Not to long ago I ran into a very serious legal issue for the first time in my life, I'm closing in on 60. Needless to say I was unsure of the process. I was fortunate that a friend recommended Fred. Fred handled my case in a professional and courteous manner yet was very down to earth and straight forward. It took nearly 9 month to resolve and during that time Fred was always available to answer questions, explain the process and most of all alleviate my stress. I feel we got the best possible outcome and I would highly recommend Fred to anyone facing a legal/criminal matter
Manny P
Google star 1Google star 2Google star 3Google star 4Google star 5
Great that Fred posts DUI for Monmouth County!
David F
Google star 1Google star 2Google star 3Google star 4Google star 5
I recently utilized his exceptional services and would highly recommend them to anyone seeking legal advice.
Mark A
Google star 1Google star 2Google star 3Google star 4Google star 5
Mr. Fred Sisto is really an amazing attorney! Professional, knowledgeable, and effective. He made me feel comfortable in knowing he was working countless hours on my case to get me the best possible outcome. Mr. Sisto was very responsive and kept me updated with all court proceedings/updates. I am thankful to have had him represent me. I will be recommending Mr. Sisto & his firm to anyone in need. Thanks again ! Much Appreciated
Javier B
Google star 1Google star 2Google star 3Google star 4Google star 5
Called back within 10 minutes,very easy to talk to. Not judgmental at all. I am hopeful about the outcome.
Colleen H
Google star 1Google star 2Google star 3Google star 4Google star 5
Great!!! , got my case handled in the exact manner that I was told and would recommend to everyone else in need of legal representation .
Raumelis R
Google star 1Google star 2Google star 3Google star 4Google star 5
Mr. Sisto was not only a knowledgeable and excellent lawyer, he was compassionate and understanding during this difficult time. I found Mr. Sisto to always be available and he services were affordable and effective. You will not find a better lawyer.
Joseph S
Google star 1Google star 2Google star 3Google star 4Google star 5
Always up to date on with his services.
Anthony L
Google star 1Google star 2Google star 3Google star 4Google star 5
He is the best professional to have on your side taking care of your interests. Your in the best of hands.
Stuart C