California recently implemented gun control legislation that allows law enforcement to take a person’s weapons in circumstances when public safety is an issue. The decision could have a ripple effect on gun laws throughout the country, including New Jersey.
The stringent gun control law, which was signed into law by California Gov. Jerry Brown on Sept. 30, 2014, went into effect on Jan. 1, 2016. The gun violence restraining order law specifically allows police to seize an individual’s weapons, including handguns, machine guns, rifles and even ammunition, if a judge determines that the weapon owner poses a threat of violence. Before a judge can make such a determination, however, a concerned family member or police officer must file a formal petition with a local court. After a judge signs off on the petition and law enforcement seizes the weapons, authorities can hold onto the weapons for up to 21 days.
While the new law is only going into effect in California, it could, if successful, provide a model for other states. New Jersey already has some of the toughest gun crime laws in the country. Anyone convicted of illegal handgun possession in the Garden State faces up to 10 years in prison. Additionally, the NJ Graves Act means that a gun crime conviction will result in a mandatory minimum sentence and significant jail time.
To learn more about the new California gun seizure law and what it might mean for the rest of the country, including New Jersey, read the WashingtonTimes.com article entitled, “California Law Allowing Seizure of Guns without Notice Begins Jan. 1.”
If you or a loved one has been charged with unlawful possession of a weapon, illegal handgun possession or any other weapons offense in New Jersey, you want a criminal defense attorney with a proven track record of handling these kinds of cases. The knowledgeable criminal defense lawyers at Rudnick, Addonizio, Pappa & Casazza PC have more than 80 years of combined experience fighting gun crime charges throughout New Jersey. Contact us today for a free consultation about your case.