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I Was Charged With Domestic Violence And Ordered To Surrender My Handgun In The Restraining Order. Is That Legal?

April 15, 2014 by Matthew Reisig

If you’ve been charged with domestic violence in New Jersey and ordered to surrender your handgun as part of a restraining order, you may be wondering if this is legal.Can Police Take My Gun After A Domestic Violence Arrest

The short answer is yes—both New Jersey state law and federal law prohibit individuals under a restraining order from owning, using, possessing, purchasing, or selling firearms during the order’s duration. Understanding how these laws work and their potential impact on your rights is crucial, especially if you want to protect your future.

Firearms and Restraining Orders: What the Law Says

When a restraining order is issued in New Jersey, the court typically mandates the immediate surrender of any firearms, weapons permits, and firearm ID cards. This step is taken to protect the alleged victim and is a legal requirement. If you fail to comply, you can be arrested, adding further complications to your case.

While these restrictions are temporary during the restraining order’s term, the situation becomes far more serious if you are convicted of domestic violence. Even misdemeanor convictions for domestic violence can result in a permanent loss of gun rights under federal law.

The Long-Term Impact of Domestic Violence Convictions on Gun Rights

A domestic violence conviction can significantly affect your life. If you’re convicted of certain domestic violence misdemeanors, federal law will bar you from ever owning or possessing a firearm. This restriction can:

  1. Eliminate Your Ability to Protect Yourself or Your Family
    Losing access to firearms can leave you without an important means of personal protection.
  2. Impact Hobbies and Sports
    Activities like hunting or competitive shooting will no longer be an option if you’re barred from owning firearms.
  3. Affect Career Opportunities
    Many professions, including law enforcement, the military, and security, require firearm access. A conviction could limit your career options permanently.

These consequences make it vital to fight domestic violence charges aggressively with the help of an experienced attorney.

Why You Need an Experienced Domestic Violence Defense Attorney

Domestic violence charges are serious, and the stakes are high. In addition to losing your gun rights, a conviction can lead to jail time, fines, and a permanent criminal record. An experienced attorney can help you navigate the legal system, protect your rights, and build a strong defense.

For nearly 30 years, Reisig Criminal Defense & DWI Law has been one of New Jersey’s most trusted law firms for domestic violence defense. Attorney Matthew Reisig has a proven track record of helping clients achieve favorable outcomes, from reduced charges to case dismissals.

Why Choose Reisig Criminal Defense & DWI Law?

  • Decades of Experience: Matthew Reisig has successfully defended clients in complex domestic violence cases across New Jersey.
  • Proven Results: The firm’s history of case dismissals and reduced penalties demonstrates their dedication to protecting clients’ rights.
  • Personalized Attention: Every case is unique, and the team at Reisig Criminal Defense takes the time to understand your specific situation.
  • Deep Knowledge of NJ Law: With nearly three decades of experience, they know how to navigate New Jersey’s legal system effectively.

Take Action Today

If you’ve been charged with domestic violence and ordered to surrender your handgun, don’t wait to seek legal help. The sooner you act, the better your chances of protecting your rights and minimizing the impact on your life.

Call Reisig Criminal Defense & DWI Law at 732-625-9661 today for a free consultation. With nearly 30 years of experience, Matthew Reisig is ready to fight for you. Protect your future by working with a trusted and proven legal advocate.

Filed Under: Domestic Violence

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* The reference to 1,389 cases without a DWI conviction applies to cases prior to November 1, 2017. This information should not create an unjustified expectation that similar results can be obtained for others without regard to the specific factual and legal circumstances.

** 82% Winning Percentage at Trial is from 2012 through 2017.