In New Jersey, anyone under 18 years old is not allowed to apply for any firearms license. Except for the case of an employment requirement, anyone under 21 years old cannot apply for a handgun permit. The federal law governing who can purchase and possess firearms in the United States is set by the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Each state has its own rules and guidelines regarding firearms purchase and possession. If you’re facing charges related to gun possession or have any related questions, it’s important to seek the assistance of an experienced New Jersey lawyer. They can provide you with the necessary legal assistance to navigate your case.
New Jersey’s firearm laws govern who is allowed to legally purchase or own a firearm. A permit is required to buy a handgun in New Jersey. This permits one handgun per permit. The Firearms Purchaser ID Card allows unlimited shotgun and rifle purchases. They must be obtained either from the local police or New Jersey State Police.
Lustberg Law Offices, LLC offers a complimentary consultation with New Jersey gun crime defense lawyer Adam M. Lustberg. Knowing how law enforcement obtained the evidence and what defense strategies in beating gun charges may apply if you or someone you love is facing a New Jersey weapon charge is important. We can help you address the charges you are facing and your available options. Call us today at (201) 880-5311 to schedule a consultation.
N.J.S. § 2C:58-3 outlines the circumstances under which a person cannot be issued firearms or handgun permits. This section prevents anyone from being issued this identification or permit if they are convicted of any crime, disorderly persons offense, or domestic violence-related offense.
New Jersey law doesn’t classify crimes as felonies. Felonies are generally any offense that can result in a one-year sentence or longer. It doesn’t matter if you have been sentenced to a one-year or longer sentence. What matters is that you are eligible for this sentence. Practically, this means that a conviction for a New Jersey crime of the first, second, third, or fourth degree automatically disqualifies you from applying for a gun permit.
You also cannot obtain a gun permit if you are:
- Confined in a hospital or mental institution for mental disorders
- Having a physical condition or disease makes it difficult to use firearms.
- For firearms, under 18 years old; for handguns, 21 and older
- Being subject to a restraining or temporary protection order
- Suffering from alcoholism or drug addiction
It is important to know what your defense options are if you or someone you love faces a New Jersey firearm crime. Lustberg Law Offices, LLC offers a complimentary consultation with gun crime lawyer Adam M. Lustberg. They can also discuss the charges you are facing and your options. Call us today at (201) 880-5311 to schedule a consultation.
New Jersey Gun Permit Application Process
You must obtain the permits to legally purchase and possess firearms in New Jersey, despite the stringent gun laws. If you fail to apply, serious criminal charges could be brought against you.
There are two primary types of permits available for those seeking to purchase a firearm:
- Firearms Purchaser Identification Card (FPIC): Required for the purchase of rifles and shotguns.
- Permit to Purchase a Handgun: Required for each individual handgun purchase.
To apply for either permit, an applicant must submit their application through the Firearms Applicant Registration System (FARS). The application is directed to the chief of police in the applicant’s municipality. If no local police department exists, the application may be submitted to the Superintendent of the New Jersey State Police.
Applicants must provide:
- A government-issued photo ID
- Two references who can attest to the applicant’s character
- Consent for a mental health records search
- Electronic fingerprints through an authorized vendor (e.g., IdentoGO)
The police will conduct a background check on your application with the FBI and state police. They will also perform a search for mental health records (for which you need to give written consent) and fingerprint checks (for which two copies must be provided). They will then have 60 days to respond to your request. If you do not receive a response within this time, your application will be considered approved.
New Jersey lawyers at Lustberg Law Offices, LLC, can provide you with an effective and strategic defense against any mandatory punishment under New Jersey weapons charges. The combined legal experience of our team includes defending New Jersey residents, even in cases that involve unlawful possession of weapons or other weapons.
A warrant for arrest marks the start of a legal proceeding that doesn’t have to lead to a guilty verdict. You can have a defense that makes you feel optimistic. For a confidential consultation, call us at (201) 880-5311 to speak with an attorney.
Who is Prohibited from Buying a Weapon in New Jersey?
New Jersey prohibits weapon purchases by individuals convicted of crimes, those with restraining orders, people committed for mental illness, drug or alcohol abusers, and anyone under 18 (or under 21 for handguns). Federal bans also apply to non-citizens and fugitives from justice.
What Disqualifies You From Owning a Gun in NJ?
New Jersey has implemented strict gun laws that effectively restrict the possession of guns and ammunition by many individuals. Violating these laws constitutes a separate criminal offense and can lead to severe penalties and charges.
According to N.J.S. § 2C:39-7, specific individuals are prohibited from possessing weapons or ammunition within the state of New Jersey. This statute outlines a range of serious criminal offenses, as well as attempts or conspiracies to commit these crimes, which permanently disqualify individuals from possessing firearms or ammunition. The offenses encompass various crimes, including aggravated assault, kidnapping, and robbery.
This section bans individuals who have been convicted of unlawfully using, possessing, or selling a controlled dangerous substance (CDS) from purchasing, owning, possessing, or controlling firearms or ammunition. This prohibition also extends to those convicted of attempting or conspiring to commit this offense.
The law also prohibits individuals who have been previously committed to a hospital, mental institution, or sanitarium due to a mental disorder from possessing guns or ammunition. However, under certain circumstances, they may regain their firearm privileges by obtaining a certificate from a licensed medical doctor or psychiatrist in New Jersey, or other evidence showing that they no longer suffer from a mental disorder that impairs their ability to handle firearms.
Lastly, the law makes it illegal for individuals who have been convicted of a crime related to domestic violence, even disorderly persons offenses, to possess firearms or ammunition. This restriction applies even if the original crime did not involve the use or possession of a firearm. Consequently, certain convictions that would not typically hinder firearm possession could have that effect if the crime involved a specific relationship with the victim. For instance, a simple assault conviction against a stranger would not impact gun rights, but the same conviction against a spouse would result in a loss of gun rights.
Discovering your eligibility for gun ownership in New Jersey is crucial to ensure compliance with state laws. If you have any uncertainty about the disqualifications before owning a gun in New Jersey, it is vital to seek advice from a skilled New Jersey gun possession lawyer from Lustberg Law Offices, LLC. Our lawyers can guide you through New Jersey’s firearm regulations, protect your rights, and provide strong representation if legal issues arise. Schedule a consultation with us and let us help you understand the legal requirements of gun ownership in New Jersey.
| Disqualifying Criteria | Prohibited Individuals |
|---|---|
| Conviction of Serious Criminal Offenses | Individuals convicted of crimes like aggravated assault, kidnapping, and robbery. |
| Unlawful Use, Possession, or Sale of CDS | Individuals convicted of unlawfully using, possessing, or selling a controlled dangerous substance (CDS). |
| Previous Mental Health Commitment | Individuals previously committed to a hospital, mental institution, or sanitarium due to a mental disorder. |
| Conviction Related to Domestic Violence | Individuals convicted of a crime related to domestic violence, including disorderly persons offenses. |
How New Jersey’s Red Flag Law Restricts Gun Access
New Jersey’s Red Flag Law, formally known as the Extreme Risk Protective Order Act of 2018, adds an important legal pathway for restricting firearm access beyond standard statutory disqualifications. While some individuals are automatically barred from purchasing or owning guns due to criminal convictions or mental health adjudications, this law enables courts to temporarily or permanently prohibit access to firearms based on evidence of immediate danger, regardless of prior criminal or mental health history.
The law allows family members, household members, and law enforcement officers to petition the Superior Court of New Jersey to issue an Extreme Risk Protective Order (ERPO) against someone believed to pose a significant risk of causing harm to themselves or others. If the individual is a law enforcement officer, the petition is filed within their employing agency. The petition must outline specific behaviors or threats and be supported by evidence that the person poses an immediate threat.
After the petition is filed, the court conducts an ex parte hearing, meaning the individual does not need to be present, to determine whether to issue a temporary ERPO. If granted, law enforcement is ordered to seize any firearms from the individual’s possession and revoke their firearm permits. Within ten days, a full hearing is held where the respondent can contest the order. If the judge finds continued risk, the ERPO becomes final, barring the individual from purchasing, possessing, or obtaining firearms or related permits.
This legal process serves as a preventive measure by targeting individuals who may not fall under traditional prohibitions but still pose a credible threat. As a result, New Jersey’s Red Flag Law plays a critical role in enhancing public safety by allowing courts to intervene before violence occurs.
Can Someone Restore Their Gun Rights in New Jersey After a Disqualifying Conviction or Mental Health Commitment?
Someone can petition to restore gun rights in New Jersey after a disqualifying conviction or mental health commitment by filing an application with the Superior Court. Restoration is possible if the applicant proves they no longer pose a danger and meet eligibility under N.J.S.A. 2C:58-3(c).
New Jersey Graves Act: Mandatory Weapons Sentencing
New Jersey has two mandatory sentencing statutes that are applicable to gun or weapons convictions: the Graves Act and the No Early Release Act (NERA). These laws are intended to make sure that defendants convicted serve sentences issued by the local Superior Courts.
The Graves Act, codified under N.J.S.A. 2C:43-6(c), mandates a prison sentence with a period of parole ineligibility for individuals convicted of specific firearm offenses. For a first offense, the parole ineligibility period is the greater of one-third to one-half of the total sentence or three years. For a second or subsequent offense, the ineligibility period increases to five years.
Repeat offenders may face extended terms under New Jersey law, with mandatory parole ineligibility periods determined by prior convictions and the nature of the offense. These rules apply primarily to second-degree crimes, such as unlawful possession of a handgun, and some third-degree firearms violations.
Federal vs. State Laws Firearm Prohibition
The firearm regulations in the United States have a foundational layer set by federal law, primarily guided by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Federal statutes delineate basic restrictions, such as prohibiting firearm possession to those convicted of felonies or certain misdemeanors related to domestic violence, or those under specific court orders. However, these regulations provide just the groundwork upon which states can build more stringent laws.
New Jersey exemplifies a state that has taken the federal baseline and expanded upon it with a comprehensive set of prohibitions. The state’s laws go further in detailing who may not possess firearms and ammunition, including individuals with a variety of convictions ranging from aggravated assault to weapons-related offenses. The inclusion of ammunition in the prohibition list is a significant addition, emphasizing New Jersey’s rigorous approach to firearm control.
Moreover, New Jersey mandates that individuals obtain a permit to purchase a handgun or a Firearms Purchaser Identification Card (FPIC) for rifles and shotguns, with specific disqualifications laid out for each. For instance, no permit or FPIC can be issued to those with substance abuse issues, those involuntarily committed due to mental disorders, or individuals under restraining orders that explicitly prohibit firearm possession.
These state-specific restrictions demonstrate New Jersey’s commitment to mitigating the risks of gun violence beyond federal standards. The state not only adopts federal prohibitions as offenses within its jurisdiction but also identifies additional classes of prohibited persons, underscoring a proactive stance on public safety.
Where federal law leaves gaps, New Jersey steps in, exemplifying how state legislation can address local concerns and provide a model for others aiming to tighten firearm regulations. It’s a testament to the layered nature of legal governance in the U.S. and the importance of understanding both federal and state laws for those dealing with the legal challenges of firearm possession, especially when seeking legal assistance in gun possession cases.
Penalties for Weapon Possession Charges in New Jersey
New Jersey has severe penalties for weapons offenses, and the degree of the crime depends on several factors. However, the penalties are usually more severe if dangerous weapons, like firearms, were involved and used to commit a crime.
In the state of New Jersey, carrying a handgun without a valid permit is considered a serious offense, classified as a second-degree crime, and carries a maximum punishment of ten years in a state prison. Possessing a machine gun or a device that can be adapted as one, without a license, is also a second-degree crime that could result in up to ten years in prison. Possessing any other weapon, excluding firearms, for an unlawful purpose is a third-degree crime that could lead to up to five years in prison.
Fourth-degree charges could also be given to people who knowingly and illegally possess weapons such as stun guns, sand clubs, stiletto knives, or metal knuckles. Nonetheless, under the criminal statute, the accused individual must have held the object in a manner that is not clearly suitable for lawful purposes. The specific use of the weapon will often be decided by the judge or jury. For example, a person who possessed handcuffs for use in a play would not be charged with a crime.
Getting the Help of a Skilled Criminal Defense Lawyer
At Lustberg Law Offices, LLC, gun crime lawyer Adam M. Lustberg and his dedicated legal team bring over 17 years of experience defending clients charged with gun and weapons offenses throughout New Jersey. Our firm provides aggressive legal defense, and we work with the courts and prosecutors to minimize any negative impact on your life. You can be confident that you will face the charges with our experienced team of New Jersey attorneys on your side. For a free consultation, contact us at (201) 880 5311.
