Q: In the state of NJ, can wife surrender husbands firearms to the police while the husband is not home resulting in felony
After an argument between my wife and I over divorce discussions, I left the house and drove away. My wife called the police and reported domestic violence on the grounds I threatened to kill myself with a gun. When police arrived, guns were in locked cases. My wife surrendered them to the police. I was pulled over on the road and my car was searched for firearms. None were found. I didn't even know what was going on initially. This resulted in 2 felony charges for apparently having 2 high capacity magazines. I have lawyers in place for all these matters.
However I want to know the legality of a spouse surrendering firearms and getting them arrested. Is there a civil matter here? Can i bring this up in divorce trial? I am representing myself in divorce. I have no money left and I can't get a job because of felony inditements. Due to covid, this has been going on for 3.5 years.
A:
By virtue of you asking the question, tells me that you cannot / should not represent yourself in your divorce matter since you are going down the wrong path.
When ANYONE files a domestic violence complaint, the 1st question the police ask is whether the person accused of domestic violence has any weapons.
If the answer is yes, then, if the temporary restraining order is entered in your wife's favor, the police are obligated to search the house and confiscate your weapons.
Obviously, if they find illegal weapons or illegal magazines, the police have the right to turn those items over to the prosecutor's office for consideration of criminal charges - unrelated to the domestic violence matter or a divorce matter.
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