Can I Own a Firearm if I Have a Felony in New Jersey?

In the United States, state and federal laws place restrictions on gun ownership and other rights when an individual has been convicted of certain criminal offenses. If you have a felony on your criminal record in New Jersey and have questions about your right to own a firearm, it is crucial that you consult with a knowledgeable legal professional. Continue reading and speak with a skilled Mercer County criminal defense lawyer for more information today.

What is a Felony?

New Jersey state law does not use the terms “felony” or “misdemeanor” to describe criminal offenses. Instead, crimes are categorized as “indictable crimes or “disorderly persons offenses,” respectively. However, they are generally comparable to one another.

A felony, or indictable crime, is a serious offense that can be divided into four categories based on severity. First-degree is the most severe type of indictable crime, and fourth-degree is the least severe, though the offenses are still taken seriously. Common examples of indictable crimes in New Jersey include murder, manslaughter, sexual assault, money laundering, drug trafficking, aggravated assault, robbery, burglary, and more.

Indictable crimes often result in substantial penalties, like lengthy prison sentences, hefty fines, probation, and other consequences, such as the potential loss of certain rights.

Can I Own a Firearm if I Have a Felony in NJ?

As established, felony or indictable crime convictions can have significant consequences in New Jersey, one of which is the possible loss of rights, like the ability to hold certain professional or driver licenses, the ability to vote, or the ability to own a gun.

If you have a felony or indictable crime conviction in New Jersey, you cannot own a firearm. New Jersey Revised Statute § 2C:58-3 states the following.

“A handgun purchase permit or firearms purchaser identification card shall not be issued: (1) To any person who has been convicted of: (a) any crime in this State or its felony counterpart in any other state or federal jurisdiction; or (b) a disorderly persons offense in this State involving an act of domestic violence… or its felony or misdemeanor counterpart involving an act of domestic violence as defined under a comparable statute in any other state or federal jurisdiction, whether or not armed with or possessing a weapon at the time of the offense.”

This law prohibits anyone with a felony conviction from being issued a permit for a firearm. However, NJ § 2C:39-7 goes on to state that any person convicted of a crime involving violence, the unlawful use or possession of a firearm, or certain other offenses who purchases, owns, possesses, or controls a firearm can be found guilty of a crime of the fourth, third, or second degree.

If you have questions about your legal rights or require the help of an attorney, reach out to the Law Office of Douglas Herring today.