Manhattan, NY asked in Criminal Law, Divorce, Family Law and Personal Injury for New Jersey

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.

1 Lawyer Answer
Richard Diamond
Richard Diamond
  • Short Hills, NJ
  • Licensed in New Jersey

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.