New Jersey Has a Unique Law Allowing Forfeited Weapons to be Donated to the National Guard Militia Museum

New Jersey has an interesting law on the books regarding weapons that have been forfeited in connection with criminal cases – Section 2C:64-9 allows such weapons to be donated to the National Guard Militia Museum if they have historical or military value. This little-known law provides a creative way to repurpose weapons that otherwise might be destroyed.

What Does The Law Actually Say?

The actual text of Section 2C:64-9 states: “Any weapon with present or historical military value that has been forfeited pursuant to the provisions of chapter 64 of Title 2C of the New Jersey Statutes may be donated by the law enforcement agency retaining it to the National Guard Militia Museum of New Jersey at Sea Girt.”

So in plain language, this law applies to weapons forfeited under New Jersey’s asset forfeiture laws that have military significance either presently or historically. Instead of the normal procedures for disposal of forfeited property, law enforcement agencies in NJ can choose to donate these weapons to the National Guard Militia Museum located in Sea Girt, NJ.

The Background Behind Section 2C:64-9

It seems the New Jersey legislature wanted to carve out an exception for weapons with military ties that end up forfeited. Rather than being destroyed or auctioned off, weapons meeting these criteria can be preserved for historical purposes by housing them in the state’s National Guard museum.

This allows the public to continue to view and appreciate weapons that represent New Jersey’s past military activities. It also likely helps the museum bulk up its collections.

What Type of Weapons Might Qualify?

So what kinds of forfeited weapons would have military value? This might include:

• Antique guns used in past wars/battles
• Military memorabilia like swords, daggers, etc.
• Old machine guns
• Historic rifles or muskets
• Bayonets or combat knives
• Anything that can be displayed to highlight NJ’s military history

If a weapon seized by law enforcement has ties to the state’s citizen militia or National Guard, that would be a prime candidate for donation to the Sea Girt museum under 2C:64-9.

The discretion rests with each law enforcement agency holding the forfeited weapons. But the opportunity is there for historic weapons to be preserved rather than destroyed.

Why Send Weapons to The National Guard Militia Museum?

This leads to the question – what is the National Guard Militia Museum exactly? As background, it is located at the National Guard Training Center in Sea Girt, NJ. It is dedicated to the history of the New Jersey National Guard.

The museum’s collections cover artifacts, weapons, and archives that document the state militia’s activities over the past few centuries. This includes the Colonial era through present times.

Some key aspects the museum highlights:

• New Jersey’s militia in the Revolutionary War
• Weaponry and tools used by NJ militiamen
• The NJ National Guard’s role in the Civil War
• 20th century battles engaged in by NJ guard units
• Artifacts from recent NJ National Guard deployments

As this background shows, New Jersey’s citizen-soldier forces dating back to Colonial days help tell the story of our state’s great military tradition. The National Guard Militia Museum is therefore an ideal place to preserve forfeited weapons that hold significance for NJ’s history in this regard.

Sending weapons that meet the criteria under 2C:64-9 to this specialized museum allows visitors, researchers, and historians to continue learning from these unique artifacts for years to come since they will be housed in a facility dedicated to doing so.

What Are The Pros and Cons of Section 2C:64-9?

Are there any downsides to having a law aimed at sending forfeited weapons with military ties to a museum for preservation? Let’s weigh some potential pros and cons:

Pros:

• Historic weapons are preserved instead of being destroyed
• The public can still view and appreciate weapons with significance to NJ’s past military activities
• Museums benefit from additional artifacts to build their collections
• Taxpayer resources needed to store/destroy weapons can be saved

Cons:

• In theory, someone could try to use museum placement to shield weapons from destruction
• Law enforcement loses control over final disposition of weapons they forfeited
• Public funds still used to transport and store weapons at museums

On balance, however, the intent behind 2C:64-9 seems clearly aimed at preserving history. The law provides a creative win-win allowing historic weapons forfeited in NJ to be redirected from the scrap pile to instead educate future generations.

Has Section 2C:64-9 Been Used to Donate Historic Weapons?

This novel law has been on the books for many years. But it’s unclear how often law enforcement agencies have actually invoked Section 2C:64-9 to redirect forfeited weapons to the National Guard museum.

I could find no specific public reports of weapons being donated under this law. It’s likely not used widely or frequently. However, even one historic weapon preserved for posterity could make 2C:64-9 worthwhile.

For example, what if a Revolutionary War musket somehow ended up forfeited in connection with a modern-day drug bust? Section 2C:64-9 would allow that priceless artifact to find a good home.

While it’s an obscure law, Section 2C:64-9 seems to fill a narrow but important need. I hope New Jersey law enforcement will keep it in mind in case they ever run across weapons forfeited that rightfully belong in our state’s military history museum. This creative statute deserves more attention!