What Criminal Charges Disqualify You From Owning a Gun in New Jersey?

If you are a resident of New Jersey or considering moving there, you might be interested to understand the laws regarding firearm ownership in the state. New Jersey has strict regulations that can create a trap for the unwary.  Certain criminal convictions can disqualify you from owning or possessing a firearm. These charges encompass a range of offenses, including violent crimes and drug possession.  Seeking legal help from a lawyer, such as the Law Offices of Bartholomew Baffuto, will go a long way.

Federal Law and State Law

Recognizing the interplay between federal and state laws is essential to understand the disqualifying criminal charges. The Brady Act of 1994 set a national baseline for eligibility. It was a significant devolution towards derogation of Second Amendment rights.

Interestingly, statistics reveal that over 98.5% of people pass firearm background checks, emphasizing that the majority merit the full exercise of their Second Amendment rights.

Who Cannot Own a Firearm in New Jersey?

New Jersey laws are explicit, and they encompass various offenses. Some of these charges include:

• Assault: New Jersey law prohibits individuals guilty of assault from owning firearms, as stated in N.J.S. § 2C:12-1.
• Burglary: Committing burglary, as outlined in N.J.S. § 2C:18-2, is another disqualifying offense.
• Homicide: Understandably, individuals convicted of homicide, per the relevant statute, are ineligible to own firearms.
• Sexual Assault: N.J.S. § 2C:14-2 clarifies that sexual assault convictions bar individuals from firearm ownership.
• Unlawful Firearm Possession: The law restricts those convicted of unlawful firearm possession from owning guns, as defined in N.J.S. § 2C:39-5.
• Terrorism: In the interest of public safety, terrorism convictions are grounds for disqualification, following N.J.S. § 2C:38-2.

This list isn’t exhaustive; it includes other offenses like kidnapping, robbery, gang crimes, and misdemeanor domestic violence. Each charge is defined by statute, and it’s essential to consult a criminal lawyer in New Jersey for a comprehensive understanding.

Exceptions to the Rules

While it’s rare for individuals convicted of these crimes to retain their gun ownership rights, there are exceptions. One potential avenue is through expungement, a legal process that clears one’s criminal record. However, expungement does not guarantee gun rights for all.

Adults with minor convictions might be eligible for expungement after five years. This process entails completing sentences, meeting specific court conditions, and having no more than four misdemeanor crimes on record. Navigating expungement can be complex, so hiring a criminal lawyer in New Jersey is practical.

Consequences for Unlawful Possession of a Firearm

Understanding the gravity of unlawful firearm possession is essential. Those found guilty of owning firearms or ammunition illegally can face severe penalties. While some may have illicit materials confiscated and be subjected to hefty fines, others could be charged with second-degree or third-degree felonies, carrying substantial prison sentences. Repeat offenders could even face increasingly severe penalties.

How Can a Lawyer Help?

In the complex world of firearm ownership laws, seeking legal representation is paramount. A criminal lawyer in New Jersey can guide you through the intricacies of the process. They play a pivotal role in explaining which crimes disqualify you from owning a gun and can represent you if you face charges related to a firearm purchase or sale.

Furthermore, lawyers can be intermediaries between you and law enforcement, courts, or other relevant parties. They provide invaluable assistance in understanding your rights and devising a legal strategy tailored to your circumstances.

If you ever find yourself or a loved one facing legal issues related to firearm ownership, remember that you do not have to face them alone. At the Law Offices of Bartholomew Baffuto, clients are treated with professionalism and dignity. They take pride in their client-first approach, ensuring you receive answers to all your questions when confronting investigation or prosecution.  So, do not hesitate to seek guidance from them.