Legal Question in Criminal Law in New Jersey

family problem

my uncle had a problem with his son where his son had him arrested because his son said he threatned him with a gun. my uncle owns alot of guns (all registered) which the police confiscated. all charges were dropped but the judge said it's up to the prosecuter to see if my uncle will get his guns back. when he was arrested the police let him go

on his own behalf and any charge was dropped. Can they(the police) keep his guns and they took ammo?

my uncle belongs to nra


Asked on 8/30/08, 1:16 pm

2 Answers from Attorneys
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: family problem

I suggest that he get an attorney to help him out here. NJ is big anti-gun state. It sounds like they will move to keep the guns. They "can" do this even though the charges were dropped for a variety of reasons. I handle a lot of gun matters and I would be happy to help him.

My initial consultations are always free, so call me at 732/247/3340 to discuss his case. I'll be around all weekend.

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Answered on 8/30/08, 1:22 pm
Gary Moore Gary Moore Attorney At Law

Re: family problem

If the guns were possessed lawful the prosecutor will have to return them, but first an inquiry has to be made to the prosecutor for the return of the guns in order to get some kind of a response.

If the answer is "yes" there is not problem.

If the answer is "no" the prosecutor will have to give a reason and THEN it will be time to research the law as to that reason and possible have a hearing on the guns. You need an attorney for all this.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

www.garymooreattorneyatlaw.com

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Answered on 8/30/08, 1:35 pm


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