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Old March 23, 2013, 02:41 PM   #1
Savage2025
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NJ gun rights question

Hi to keep my story short my brother was recently sentenced to a class 3 misdemeanor and is on 2 year probation. He resides in the house with me and my father. The judge ordered that we turn over all firearms over to the police for the two year term and that would make our firearms purchase cards invalid. This would make it so we couldn't even go to our shooting club anymore.

Our guns are not stored in the house but in a locked shed which inside the shed is a locked gun safe that my brother does not have access to either. I am trying to find out if the judge has the legal authority to do so?
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Old March 23, 2013, 04:01 PM   #2
teeroux
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Consult a lawyer.
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Old March 23, 2013, 04:09 PM   #3
Savage2025
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obviously if it was that simple I would. The lawyer we wanted a consultation with wants money up front first. Our funds were destroyed from the last trial involving my brother, otherwise I wouldn't of turned to the internet to find answers.
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Old March 23, 2013, 04:29 PM   #4
SIGSHR
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I live in NJ, and yes, consult a lawyer. It's expensive but it's the only way to go. FWIW I think that judge is overstepping his authority.
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Old March 23, 2013, 04:43 PM   #5
hgmeyer
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Not a lawyer

ut, I stayed in a Holiday Inn Express once.... So, here goes... Did he state that as long as your brother resided in the home there could be no guns He has that authority...he can separate your brother from guns.... But, he does not have the authority to "punish" you if your brother does not live with you. You will probably need a lawyer if your brother moves out (for real)....
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Old March 23, 2013, 05:02 PM   #6
Vanya
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Does your shooting club have locked storage available? If so, that might be an acceptable compromise.

But you really do need to consult a lawyer.
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Old March 23, 2013, 06:23 PM   #7
Spats McGee
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Welcome to TFL, Savage2025!

Please understand that we all wish that we had a concrete answer to your problem. However, there are a few things that I should point out:
  1. You're asking a legal question of a bunch of well-meaning, but ultimately anonymous, folks on the internet.
  2. You have no way of judging our credentials or qualifications to answer your question.
  3. If you follow our advice, and we're wrong, you could go to prison for a long time, lose a whole bunch of money, and lose your right to keep and bear arms forever.
  4. What you tell a lawyer is confidential; what you post on an internet forum is not.

While I would very much like to give you something that has not already been said, I cannot. You really need to consult a lawyer. Ordinarily, I close threads like this. However, Vanya has opened this one up with a suggestion (gun club storage) that seems helpful, without going into legal advice.

Good luck.
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Old March 23, 2013, 08:02 PM   #8
2ndsojourn
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So if your brother lives with you, you must concede your 2nd Amendment rights? Then that house only has room for one of you.

I would consult a lawyer, but it probably wouldn't help. I have a family member that the same thing happened when her daughter got in trouble. It's SOP.
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Old March 23, 2013, 08:31 PM   #9
Savage2025
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He lives with us but we store our guns outside the home. My brother is a minor and he lives with us full time. I understand people don't have the credentials of a lawyer but I was maybe seeing if anyone knew of this type of situation occurring before.

The order that they gave us was basically that we must surrender all firearms to the police station. I tried to email the NRA several times but wasn't sure if there was another avenue to go to talk to them.

The judge was a family court judge so I don't really trust her knowledge on gun laws they kept bringing up the Adam Lanza incident as if that's some kind of baseline now for everything gun related. I think the judge basically put that in her order just to cover herself.
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Old March 23, 2013, 08:44 PM   #10
tynman
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I will say the same thing talk to a lawyer, do you have a friend of a friend thats a lawyer just to ask them that question? A lawyer that wont want money just to ask a question...
Once you talk to a lawyer maybe you can ask them also if you transfer them to a friend that you really trust or a family member again that you really trust (and dosnt live in your house) thru a FFL dealer. Then once this is over in 2 years or so transfer them back over thru the FFL.

But again I dont know the law so talk to a lawyer..
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Old March 23, 2013, 08:55 PM   #11
press1280
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The man to consult would be Evan Nappen. He has been defending gun owners for years in NJ and knows NJ laws like no other.

This scenario came up in a district court case in PA. It was ruled someone doesn't waive their 2A rights because a felon lives in the home.
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Old March 23, 2013, 10:46 PM   #12
Jayster
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Best to you in your predicament. Please keep us posted.

I think we will see a lot more of these instances due to the current climate and it will be good to know the experiences people have in dealing with them.
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Old March 23, 2013, 11:28 PM   #13
Vanya
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And on that note... closed. Good luck to you, Savage2025.
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