Reviewed by the Marketing Team, New Jersey Criminal Defense Attorneys PCLast reviewed . Law current as of October 2026.

Often, yes. Under N.J.S.A. 2C:25-21(d), an officer with probable cause to believe domestic violence occurred must ask whether there are weapons on the premises and seize any weapon the officer reasonably believes would expose the victim to a risk of serious bodily injury. If a firearm is seized, the officer must also take the accused person's firearms purchaser ID card and handgun purchase permits. The prosecutor then has 45 days to go to court to keep them; otherwise they are returned.

What the police must do

  1. Question the people present to find out whether there are weapons on the premises.
  2. Seize any weapon the officer reasonably believes would expose the victim to a risk of serious bodily injury. This is in addition to seizing weapons that are contraband, evidence or used in a crime.
  3. If any firearm is seized, also seize the accused person's firearms purchaser identification card and any permit to purchase a handgun.
  4. Deliver everything to the county prosecutor and attach an inventory to the domestic violence report.

The 45-day timeline

  • Within 45 days of the seizure, the prosecutor may, on notice to the owner, petition a Family Part judge to keep the weapons, obtain title, revoke permits and licenses, or object to their return.
  • If the prosecutor does not start that action within 45 days of seizure, the statute says the weapons shall be returned to the owner.
  • If the prosecutor files, a summary hearing is held, on the record, within 45 days of the notice. No formal pleading or filing fee is required.
  • At least 10 days before returning weapons, the prosecutor must notify the victim.

Weapons can still be kept as evidence while a criminal case is pending.

When the court orders the guns returned

After the hearing, the court orders return if the owner is not subject to the firearms disabilities in N.J.S.A. 2C:58-3(c) and one of these is true: the complaint was dismissed at the complainant's request and the prosecutor finds insufficient probable cause to indict; the defendant was found not guilty; or the court finds the domestic violence situation no longer exists.

If the court decides against return, it may revoke the owner's firearms ID card and permits, order all firearms surrendered, and give the owner 60 days to sell them to a registered dealer before the prosecutor disposes of them. Appeals go to the Appellate Division.

What you can do

  • Keep the inventory and any receipt the police gave you
  • Do not try to buy or borrow a firearm while your ID card and permits are held
  • Remember that the criminal case and any restraining order are separate from the weapons hearing. See after a domestic violence arrest.
  • Talk to a lawyer before the hearing, since what you say there is on the record

Related guides

  • Simple vs. aggravated assault

    How New Jersey grades assault in domestic violence cases: simple assault (disorderly persons), mutual fight (petty disorderly), and aggravated assault including strangulation under 2C:12-1(b)(13).

  • After a domestic violence arrest

    What happens after a domestic violence arrest in New Jersey: mandatory arrest rules, release decisions and no-contact conditions, detention hearings, weapons seizure, and the separate TRO.

  • Harassment and terroristic threats

    How New Jersey defines and grades harassment and terroristic threats, why they are the most common restraining order allegations, and how they are defended.

Frequently asked questions

Do police have to take guns in a New Jersey domestic violence case?

If they have probable cause to believe domestic violence occurred, officers must ask about weapons and seize any weapon they reasonably believe would put the victim at risk of serious bodily injury (N.J.S.A. 2C:25-21(d)).

How long does the prosecutor have to keep my guns?

The prosecutor must petition the Family Part within 45 days of seizure. If no action is started in that time, the statute requires return to the owner, although weapons held as evidence in a pending criminal case can be kept.

Can I get my guns back if the charges are dropped?

Possibly. The court orders return if you have no firearms disability and the complaint was dismissed at the complainant's request with the prosecutor finding insufficient probable cause, you were found not guilty, or the domestic violence situation no longer exists.

Where we handle these cases

Essex County · Hudson County · Bergen County · Passaic County · Union County · Middlesex County · Monmouth County · Morris County · Ocean County · Mercer County · Somerset County · Hunterdon County · Sussex County · Warren County

Sources

This page provides general information about New Jersey law. It is not legal advice, and reading it or contacting us does not create an attorney-client relationship. Every case is different and no outcome is guaranteed.