State of New Jersey

1 New Jersey Is An Equal Opportunity Employer JOHN J. FARMER, GeneralState of New JerseyDEPARTMENT OF LAW AND PUBLIC SAFETYDIVISION OF CRIMINAL JUSTICEPO BOX 085 TRENTON, NJ 08625-0085 TELEPHONE (609) 984-6500 KATHRYN FLICKER DirectorSeptember 19, 2000TO:ALL COUNTY PROSECUTORSALL LAW enforcement CHIEF EXECUTIVESFROM:KATHRYN FLICKER, DIRECTORDIVISION OF CRIMINAL JUSTICESUBJECT:ATTORNEY GENERAL LAW enforcement DIRECTIVES2000-3 and 2000-4 - Replacements for an unnumbered Attorney GeneralDirective dated August 14, 1995, regarding Seizure of Weapons from LawEnforcement Officers Involved in Domestic Violence Incidents Attached for your attention are the following Directives which were recently signedby Attorney General Farmer:No. 2000-3 - Revision to August 14, 1995, Directive implementing Proceduresfor the Seizure of Weapons from Municipal and County Law enforcement Officers involvedin Domestic Violence Incidents. This Directive is to be followed by county prosecutors whenhandling local and county law enforcement officers involved in domestic violence 2000-4 - Revision to August 14, 1995, Directive implementing Proceduresfor the Seizure of Weapons from All State Law enforcement Officers involved in DomesticViolence Incidents.

2 This Directive provides notice of the procedures the Division of CriminalJustice will follow when removing weapons from State law enforcement officers, which includes theDivision of State Police, Division of Criminal Justice investigators, Department of Correctionsofficers, Juvenile Justice Commission officers, Bureau of Parole officers, State Park RangerService (Fish and Game) officers, Human Services Police, N. J. Transit Police Officers, statecollege and university campus police, Division of Taxation agents, and investigators for the StateCommission of Investigations. The procedures are essentially the same. The separation eliminates any confusioncontained in the August 14, 1995, Directive between areas of responsibility for county prosecutorsand the Division of Criminal County ProsecutorsAll Law enforcement Chief ExecutivesSeptember 19, 2000 SUBJECT:ATTORNEY GENERAL LAW enforcement DIRECTIVES2000-3 and 2000-4 - Replacements for an unnumbered Attorney General Directivedated August 14, 1995, regarding Seizure of Weapons from Law EnforcementOfficers Involved in Domestic Violence Incidents Please distribute to all law enforcement officers and/or assistant prosecutors in youragency.

3 If you have any questions you may contact either DAG Jessica S. Oppenheim or DAGM artin C. Mooney, Sr., in the Prosecutors and Police Bureau at 609 General John J. FarmerFirst Assistant Paul H. ZoubekAdministrator Thomas O ReillyDirector of State Police Affairs Martin CroninColonel Carson J. Dunbar, Jr., Supt., NJSPC ommissioner Jack Terhune, Dept. of CorrectionsChief of Staff Debra L. StoneChief State Investigator John A. CocklinDeputy Director Wayne S. Fisher, Director Ronald SussweinChief Greta Gooden Brown, Pros. & Police Bureau(9/00)1 DOMESTIC VIOLENCED irective implementing Procedures for the Seizure of Weapons from Municipal andCounty Law enforcement Officers Involved in Domestic Violence IncidentsIssued August 1995 Revised September 2000TO:DIRECTOR, DIVISION OF CRIMINAL JUSTICE ALL COUNTY PROSECUTORSALL LAW enforcement CHIEF EXECUTIVESFROM:JOHN J. FARMER, JR. ATTORNEY GENERALDATE:SEPTEMBER 1, 2000 SUBJECT:ATTORNEY GENERAL LAW enforcement DIRECTIVE NO.

4 2000-3 REVISION TO AUGUST 14, 1995, DIRECTIVE IMPLEMENTINGPROCEDURES FOR THE SEIZURE OF WEAPONS FROM MUNICIPALAND COUNTY LAW enforcement OFFICERS INVOLVED INDOMESTIC VIOLENCE law enforcement officers are charged with committing acts of domestic violence,it is important that the matters be uniformly and expeditiously handled. To achievethese objectives, it is necessary that there be a statewide policy governing the seizureof weapons from a law enforcement officer who is charged with committing an act ofdomestic Criminal Justice Act of 1970, 52:17B-97 et seq., requires the AttorneyGeneral to provide for the general supervision of criminal justice in this State . All lawenforcement agencies and law enforcement officers in the State are required tocooperate with the Attorney General to secure the benefits of a uniform and efficientenforcement of the criminal law and the administration of criminal justice throughout thestate. 52:17B-98.

5 Accordingly, it is directed that all law enforcement agenciesand law enforcement officers who are authorized to carry weapons pursuant to :39-6 are to comply with this of Weapons from Municipal and County Law enforcement Officers(9/00) FOR THE SEIZURE OF WEAPONS FROM A LAWENFORCEMENT OFFICER INVOLVED IN A DOMESTIC VIOLENCE an act of domestic violence as defined in 2C:25-19has been alleged to have been committed by a law enforcement officer allweapons, department issued and personal, possessed by that officer shallimmediately by the law enforcement officer responding to the domesticviolence call if the responding officer reasonably believes that thepresence of weapons would expose the victim to a risk of seriousbodily injury, or by the officer involved when served with a domesticviolence restraining order, search warrant or bail condition whichrequires the surrender of an act of domestic violence as defined in 2C:25-19has been alleged to have been committed by a law enforcement officerresulting in the seizure of the officer s weapons, or the officer has beenserved with a domestic violence restraining order or a domestic violencewarrant for the seizure of weapons or there is a bail condition whichrequires the surrender of weapons, the officer report that fact to the officer s departmental supervisorwho must promptly notify the Prosecutor s Office in the countywhere the officer is surrender all weapons to the law enforcement officerresponding to the domestic violence call or in response to arequirement in a domestic violence restraining order or a domesticviolence warrant for the seizure of weapons or in a bail weapons have been seized from an officer.

6 A report shallimmediately be made to the arresting officer s departmental supervisorwho must notify the prosecutor s office in the county where the chargehad been AND CONTROL OF SEIZED OR SURRENDERED department-issued weapon, which is seized or surrendered inconnection with a domestic violence incident, is to be returned to thecustody and control of the department which issued that of Weapons from Municipal and County Law enforcement Officers(9/00) other weapons owned, possessed, or controlled by the officer, whichare seized or surrendered, are to be promptly forwarded to the countyProsecutor s Office in the county where the seizure of weapons took placein accordance with the procedures set forth in the Attorney General sGuidelines on Police Response Procedures in Domestic Violence Casesand the County Prosecutor s Procedures for the seizure andtransportation of firearms to the Prosecutor s Office in accordance withthe provisions of 2 the weapons have been seized pursuant to a court order, domesticviolence search warrant, condition of bail or at the scene pursuant 2C.

7 25-21d, the County Prosecutor s Office where the civil and/orcriminal charge was filed or incident occurred shall conduct an immediateinvestigation of the incident and determine whether the officer should bepermitted to carry a weapon and what conditions, if any, should berecommended to the court for the return of the weapons to the lawenforcement officer pending the disposition of the domestic violenceproceedings. The County Prosecutor completing the investigation shallforward the report to the County Prosecutor within whose jurisdiction theofficer is the domestic violence charges, either criminal or civil, whichresulted in the seizure of weapons from a law enforcement officer havebeen dismissed or withdrawn before a hearing, the procedures inParagraph IVD, listed below, should be followed for the return of theweapons to the law enforcement chief of the law enforcement agency where the officer is an investigation into the officer s background and shallrecommend to the appropriate County Prosecutor s Office whetherthe officer should be permitted to carry weapons and whatconditions, if any, should be imposed for the return of the weapons,consistent with any family or criminal or municipal court bail ordersentered against the officer in the jurisdiction which the necessary.

8 Re-assign the officer charged with committing an actof domestic violence or served with a restraining order so that theofficer will not have contact with the domestic of Weapons from Municipal and County Law enforcement Officers(9/00) County Prosecutor s Office within whose jurisdiction the incidentoccurred should confer with the domestic violence complainant regardingthe complainant s position on the return of weapons. However, therecommendation or determination whether the weapons should bereturned rests with the County Prosecutor, not the victim or the lawenforcement agency where the officer is OF SEIZED a court had specifically directed that the officer s weapons beseized either pursuant to a domestic violence restraining order or adomestic violence warrant for the seizure of weapons; or as a condition ofbail, the officer whose weapons have been seized because of a domesticviolence incident may request an expedited court hearing to determine theofficer s status regarding the possession of a court order, either criminal or civil, which prohibits a lawenforcement officer from possessing weapons is in effect, no weaponsare to be returned to the officer subject to the domestic violenceproceedings without a court order.

9 If the domestic violence charges orcomplaint are withdrawn or dismissed prior to a court hearing, theprovisions in Paragraph IVD, listed below, should be it is determined by the County Prosecutor that the officer may carryweapons in accordance with that officer s duty assignments while thedomestic violence proceedings, either criminal or civil, are pending courtaction, the County Prosecutor may recommend to the appropriate officer be permitted to carry a department issued handgunduring on duty hours (duty hours means an officer s daily activeduty shift) but not carry a handgun off duty, and officer be directed not to enter his or her residence which isshared with the complainant while on duty and armed, or meet withthe complainant or any other person covered by the restrainingorder, while department owned weapons are to be issued by thedepartment to the officer at the beginning of the officer s dailyactive duty shift and the weapons are to be returned to the custodyof the department at the end of the officer s daily active duty of Weapons from Municipal and County Law enforcement Officers(9/00)

10 A weapon has been seized from a law enforcement officer involvedin a domestic violence offense but no criminal charges, court order orwarrant has been issued or is pending regarding possession of weapons,a County Prosecutor may authorize the return of the seized weaponssubject to conditions, if any, the Prosecutor determines ON RETURN OF FIREARMSP ursuant to the provisions of the federal crime bill, 18 922(g), if a finaldomestic violence restraining order is issued, and for the duration of that order, law enforcement officer may be authorized by a court to possess adepartment issued firearm under conditions recommended by theappropriate county prosecutor, and officer may not possess any personally owned AND EFFECT OF THIS DIRECTIVEThis directive is binding upon all county prosecutors and all law enforcementofficers in this State . This directive and the procedures set forth herein areimplemented solely for the purpose of guidance within the criminal justice community.