Our nation was built on a bedrock of principles – the right to bear arms chief among them. While the Second Amendment is a frequent subject of debate, a new ruling from the Supreme Court could significantly reshape how these rights are interpreted and enforced. In June of 2024, the Court upheld a federal law that bars individuals with domestic violence restraining orders from possessing firearms.

This landmark decision highlights the Court's evolving approach to balancing historical traditions with contemporary public safety concerns. The ruling has the potential to influence future cases and legislative measures – it's a pivotal moment in the ongoing discussion about gun rights and regulation in America.

If you've been charged with a domestic violence restraining order in New Jersey, you need the help of the Lento Law Firm Criminal Defense Team. Call us today at 888.535.3686 or schedule a confidential consultation with one of our experienced attorneys using this online form.

What the Ruling Means for New Jersey Gun Owners

The recent Supreme Court ruling has specific implications for gun owners in New Jersey, particularly those who might be subject to domestic violence restraining orders. If you are under a domestic violence restraining order in New Jersey, you will be prohibited from possessing firearms. This aligns with the federal law upheld by the Supreme Court, which means that state authorities will strictly enforce this prohibition.

The ruling reinforces the idea that Second Amendment rights can be limited in cases where an individual is deemed a credible threat to another person's safety. This could mean more stringent enforcement of existing laws and the potential introduction of new state-level regulations aimed at preventing gun violence.

New Jersey courts may use this ruling as a guideline for interpreting Second Amendment challenges. The emphasis on historical context and modern public safety needs could influence how local judges decide similar cases in the future.

What Happens to Your Firearms After a Domestic Violence Arrest in New Jersey

If you are arrested on domestic violence charges in New Jersey, you will be asked to surrender any firearms in your possession. They will also confiscate your firearm license, preventing you from buying additional weapons.

Police can search your home for weapons without a warrant if you have a restraining order against you. They can enter your home, whether it's the scene of a domestic violence incident or not, and take any weapons they find, even if you object. If the guns aren't at your home, they can ask you or whoever has them to hand them over. If you refuse, they'll get a warrant to search and seize the weapons.

Even if you're not convicted, or the restraining order is dropped, you might not get your firearms back. The Court may decide it's safer for the public if you don't have them, and you'd have to prove you can handle firearms responsibly to get them returned.

Defending Against New Jersey Weapons Charges

Are you at risk of having your firearms seized due to a domestic violence restraining order or charge? The stakes are high in these cases, and losing your firearms can have lasting effects on your right to own them. If your rights are in jeopardy, contact the experienced criminal defense attorneys at the Lento Law Firm. Call 888.535.3686 or use our online form to schedule a confidential consultation.