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  • NJ A2390
  • Authorizes gun violence restraining orders and firearm seizure warrants.
Introduced
(2/4/2016)
In Committee
(2/4/2016)
Crossed OverPassedSignedDead/Failed/Vetoed
2016-2017 Regular Session
This bill authorizes courts in this State to issue gun violence restraining orders to persons who pose a significant risk of personal injury to themselves or others by possessing or owning a firearm. The bill also authorizes courts to issue a firearm seizure warrant authorizing a law enforcement officer to seize a firearm from a person who has been issued a gun violence restraining order. Specifically, the bill authorizes any person, including family members or friends, to submit an application to the court setting forth the facts and circumstances necessitating the issuance of a gun violence restraining order. Under the bill, the court is to issue the restraining order if it finds, based upon the applicant's sworn and signed affidavit and other information received, that the person poses a significant risk of personal injury to himself or others by possessing a firearm. The bill defines a gun violence restraining order as a court order prohibiting a person from owning, purchasing, possessing, or receiving any firearms for a period of up to one year. Under the bill, the court also is authorized to issue a firearm seizure warrant if there is probable cause to believe that a person who has been issued a gun violence restraining order possesses or owns a firearm. The warrant is to be issued to the appropriate law enforcement officer directing that officer to seize any specified firearm and to retain the firearm subject to the order of the court. The bill defines a "firearm seizure warrant" as a court order regarding a person who is subject to a gun violence restraining order and who is known to own or possess one or more firearms, that directs a law enforcement officer to seize any firearms in the person's possession and to bring the unloaded firearm to the county prosecutor. The bill requires the court to hold a hearing within 14 days of the execution of a gun violence restraining order and firearm seizure warrant, if applicable, to determine whether the person who is the subject of the order may possess, own, purchase, or receive a firearm and whether a seized firearm should be returned to the person. A person who is the subject of a gun violence restraining and firearm seizure warrant may submit one written request at any time during the effective period of the order for a hearing for a subsequent order permitting the person to possess, own, purchase, or receive a firearm. If a law enforcement agency has probable cause to believe that a person subject to a gun violence restraining order continues to pose a significant risk of personal injury to himself or others by possessing a firearm, the agency may initiate a request for a renewal of the order. A judge also may, upon his own motion or upon the request of another person, issue a renewal of a gun violence restraining order under these circumstances. The purpose of this bill is to provide law enforcement officers in this State with the means to take away firearms from persons whose friends or family have reported as being mentally unstable.
Law and Public Safety
Introduced, Referred to Assembly Law and Public Safety Committee  (on 2/4/2016)
 
 

Date Chamber Action Description
2/4/2016 A Introduced, Referred to Assembly Law and Public Safety Committee
Date Motion Yea Nay Other
None specified