I have an emergency or temporary restraining order against the abuser. Can his/her gun be taken away?
Maybe. You can ask the judge to write in your emergency or temporary order that the abuser cannot have a gun while you are waiting for a full court hearing but it will be up to the judge. New Jersey law says that with an emergency or temporary order, the judge can (but doesn’t have to) do any of the following:
- prohibit the abuser from possessing any firearm or other weapon;
- order the search for, and seizure of, any firearm or other weapon at any location where the judge has reasonable cause to believe the weapon is located;
- order the seizure of any “firearms purchaser identification card” or “permit to purchase a handgun” issued to the defendant; and
- order any other appropriate relief.
If the judge does order that the abuser cannot have firearms, then the judge must require that a law enforcement officer accompany the abuser (or go without the abuser if necessary) to any place where any firearm or other weapon is located and take possession of them. If the restraining order prohibits the abuser from going to the place where firearms or other weapons belonging to the defendant are located, the law enforcement officer will go without the abuser and seize (take) them.1
However, if there is no specific mention of a firearm restriction in the temporary order, then you may have to wait until you are given a final order. The removal of firearms is required by law with a final restraining order. See I have a final restraining order against the abuser. Can s/he keep a gun or buy a new gun? for more information.
1 NJ Stat. § 2C:25-28(j)