New Jersey’s Voluntary Surrender Law – What You Need to Know

New Jersey has a law that allows for the voluntary surrender of firearms and weapons in certain situations. This law, known as Section 2C:39-12, is an important part of New Jersey’s overall firearms regulations. As a lawyer, it’s essential to understand when and how voluntary surrender applies for your clients. This article will provide an overview of the key aspects of New Jersey’s voluntary surrender law.

Overview of NJ’s Voluntary Surrender Law

New Jersey’s voluntary surrender law is contained in Section 2C:39-12 of the state’s criminal code. It states that a person can voluntarily surrender any firearm, weapon, or ammunition to a law enforcement agency. Here are some key components of the law:

• No Questions Asked: Law enforcement must accept any firearms, weapons, or ammunition that are voluntarily surrendered to them. They cannot ask why the items are being surrendered or refuse them.
• Receipt Provided: Officers must provide a receipt listing all surrendered items, including make, model, and serial number of firearms. This helps document the surrender.
• Temporary or Permanent: An individual can specify if the surrender is temporary or permanent. However, courts may impose permanent surrender as part of a legal order.
• Return Process: If temporary, a process must be established for the lawful return of items. This often involves a court hearing. Police can also establish their own procedures.
• No Compensation: There is no financial compensation provided for voluntarily surrendered items. Individuals give up possessions permanently.
• Immunity: As long as the surrender follows procedures, the individual is immune from prosecution for unlawful possession of the surrendered items.

Court-Ordered Voluntary Surrender

One of the most common ways voluntary surrender occurs is through a court order. This usually happens through domestic violence restraining orders or gun violence restraining orders (GVROs).

If a judge believes an individual poses a threat to themselves or others, the court can order:

• Immediate surrender of all firearms and ammunition to law enforcement, typically within 24 hours of the order.
• Surrender of firearms documents like permits and ID cards.
• A ban on new firearm purchases.

Police can seize weapons if the individual refuses the court order. The surrender terms are often in effect for the duration of the restraining order, which provides time for the court to evaluate if the weapons ban should be made permanent.

Judges consider many factors in ordering voluntary surrender such as history of violence, mental health issues, and evidence of threats. The court provides due process for each case.

Voluntary Surrender Process

The voluntary surrender process itself is relatively straightforward in New Jersey. Here are the basic steps:

• Contact Local Police: The individual surrenders items directly to local law enforcement, often the chief of police or a designee. No appointment is needed.
• Transport Items Safely: Use care in transporting firearms to ensure they are unloaded, secured, and safely handled. Inform officers if you have a permit to carry.
• Provide Info: Provide details on make, model, and serials numbers for any surrendered firearms. Be ready to show firearms documents if applicable.
• Get Receipt: Police provide a receipt documenting all surrendered items. This is an important record to retain.
• Surrender All Items: Failure to surrender all firearms and weapons named in a court order constitutes contempt of court.
• Follow Court Order: If temporary, follow all court instructions for regaining lawful possession. This may require a hearing.

Voluntary surrender is meant to be a straightforward process that reduces risk for the community. However, legal guidance is recommended when dealing with specific cases.

Return of Voluntarily Surrendered Items

If a voluntary surrender is temporary, the individual can eventually petition to have the firearms and weapons returned. The exact process depends on several factors.

For court-ordered surrenders, the judge will outline requirements for the return of items. This often involves scheduling a court hearing to evaluate if circumstances have changed. Police and prosecutors can also be involved.

For voluntary proactive surrenders, the police department will have procedures for returns. This may require medical evaluations, letters from doctors or therapists, and other steps.

The return process ensures surrendered items go back to only those deemed responsible and lawful owners. There are also options like transferring weapons to a licensed dealer or family member if a permanent ban is enacted.

Pros and Cons of Voluntary Surrender

There are many reasons why voluntary surrender can be beneficial in New Jersey:

Pros

• Removes weapons from those deemed dangerous or unfit
• Provides legal immunity for the surrendering party
• Can be done proactively without needing a court order
• Allows for temporary surrender if circumstances may improve
• Does not compensate for surrendered items to discourage misuse

Cons

• Can be emotionally difficult for lawful gun owners
• No financial compensation for surrendered items
• Does not address illegally owned weapons
• Requires trust in fair return procedures
• Critics argue it violates 2nd Amendment rights

Overall, voluntary surrender aims to strike a balance between public safety and lawful gun ownership. But it involves complex issues of rights, health, and community welfare.

When is Voluntary Surrender a Good Option?

Given the pros and cons, the following situations may warrant consideration of voluntary surrender:

• After threats or acts of violence against others
• If diagnosed with a mental illness causing safety concerns
• If engaged in substance abuse that increases violence risk
• If contemplating suicide or self-harm
• If involved in domestic violence incidents
• When ordered by a court through a legal process
• If family members or law enforcement express serious concern

Voluntary surrender provides a way to defuse dangerous situations and protect both the community and the individual involved. It can give time to get help and address underlying issues.