Man Cannot Keep Grandfather’s WWII Rifle, NJ Court Rules

October 9, 2015 · by RLF Attorneys · in

Source: Wikipedia

Source: Wikipedia


According to a recent decision by the NJ Superior Court, a World War II rifle may not be kept as it is considered an assault firearm. Back in April 2013, the New Jersey State Police seized Danny Burt’s 21 firearms after a temporary restraining order was ordered against him. Among the firearms was an M1 Carbine bestowed upon Burt by his grandfather in 2006.
Under N.J.S.A. 2C:25-26a, when police respond to a domestic violence complaint, they may seize weapons that would expose the victim to risk of serious bodily injury. This includes handguns, shotguns, automatic weapons, bows and arrows, hunting rifles, BB guns, pellet guns, air rifles, antique firearms and rifles, and antique swords. Even if a restraining order is dismissed, weapons can still be seized if the court finds that the owner poses a threat to a person or the public.
Burt appealed the decision, but the NJ Supreme Court Appellate Division ultimately held that the WWII M1 carbine could not be returned, as it falls under the definition of an assault firearm, which is illegal to possess under New Jersey law.
“Burt claimed the rifle had considerable sentimental value to him, and that he had no knowledge as to whether the gun was operable,” the decision states. In response, the court offered its sympathy but reiterated that the rifle is illegal to own under the circumstances.
Gun rights advocates argue that the statute requiring surrender of firearms for those with a restraining order infringes on Second Amendment rights. However, supporters of the law insist that this is not a gun rights issue, but a necessary means to keep guns away from individuals who have a propensity for violence towards a particular person or group.
If someone is seeking a restraining order against you or you already have one imposed against you and want to have it removed, contact The Rosenblum Law Firm at 888-815-3649. It is crucial for you to hire an attorney to protect your legal rights as soon as possible.