New Jersey's Gun Restraining Order Debate - My9 New Jersey

New Jersey's Gun Restraining Order Debate

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Trenton, New Jersey (My9NJ) - In the last month there have been three major shootings that took place across the country: last week outside of a Georgia Courthouse, another at Seattle Pacific University and the third at UC Santa Barbara. Although all of these shootings were far away from the Garden State, New Jersey lawmakers are trying to pass additional legislation to address some of this violence that is happening all too often.

Former governor and current State Senator Dick Cody has proposed a law to allow people to get gun restraining orders which would allow a person to seize firearms from family members who they feel are unstable.

“Those who get their guns seized are entitled to a court date to say that they are not mentally unstable or have violent tendencies, to get their guns back. There will be a hearing, where the judge will decide if you can get your guns returned. There will also be a testimony from the family member or loved one, and a meeting with a psychiatrist as well. The hold over the guns will either continue, or the person will receive their guns back, simple as that,” Cody said.

Attorney Matt Rooney took a different position. His firm handles divorces and family disputes and he said this could lead to a situation where people end up caught up in the system fighting for the return of weapons that were taken, even though they hadn’t done anything wrong.

“What I think that Senator Cody isn’t saying is that it could actually take months and cost you a lot of money and court time to get your weapons back, and that as long as you own them legally, it is your constitutional right to have,” Rooney stated.

For the gun to be apprehended there must be a specific threat to get a restraining order against someone. This law would allow their guns to be temporarily seized for 10 days even if no imminent threat exists.


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