what lawyer do i need to get handgun back in nj

Can I get my gun rights back in New Jersey?

Fortunately, an expungement in New Jersey typically restores your right to own a firearm, as long as there isn't something else restricting your firearm rights. If you do not qualify to expunge your convictions, a pardon from the Governor is likely the only other option for restoration.

What disqualifies you from owning a gun in NJ?

Criminal Conviction. The biggest disqualifier for a firearm license or permit is a conviction for a crime or a disorderly person offense involving domestic violence. Please note a conviction in another state will suffice in making a person ineligible if the foreign offense would have constituted a crime in NJ.May 18, 2020

Is it hard to get a handgun in New Jersey?

New Jersey is one of the most difficult states to acquire a conceal carry pistol permit in the US.

Can you get a gun with a felony in NJ?

Federal Firearms Law Like New Jersey law, federal law also prohibits any person who has been convicted of a felony from owning, carrying, or purchasing a firearm.May 18, 2017

What misdemeanors prohibit gun ownership in New Jersey?

The crimes that prevent you from having a weapon in New Jersey if convicted include: robbery, aggravated assault, burglary, arson, extortion, homicide, kidnapping, escape, sexual assault, aggravated sexual assault, endangering the welfare of a child, stalking, and bias intimidation.

Does NJ have strict gun laws?

New Jersey's gun laws are already among the strictest in the nation, second to only California, according to rankings by the Gifford Law Center.Dec 13, 2021

Can my wife use my gun for self-defense in NJ?

There are no statutory exceptions or exemptions for household or family members on any grounds, whether self-defense, safety instructions, maintenance, or merely moving the gun about the house. This means, under New Jersey law, the concept of a family house gun is inherently unlawful.Jun 5, 2020

Are hollow points legal in NJ for home defense?

New Jersey is the only state that prohibits hollow-point self-defense ammunition. Millions of American gun owners choose to use hollow-point self-defense ammunition to protect themselves and those around them.Mar 9, 2020

Can you open carry in NJ?

Open Carry Laws In New Jersey New Jersey is one of the open carry licensed states in the USA. This means that you need a license to open carry in the state. To use firearms like machine guns and automatic weapons, you must get a license from a judge. The state prohibits hollow-point and armor-piercing ammunition.

How long does a felony stay on your record in NJ?

Crimes or felonies which resulted in a conviction can generally be expunged ten years after you have completed your sentence, paid your fine, or completed parole or probation, whichever comes last.

Does NJ firearms ID card expire?

Provides that firearms purchaser identification card is valid for four years; requires training prior to issuance of firearms cards and handgun purchase permits; revises procedures for passing of firearms to heir or legatee.

Who is eligible for expungement in NJ?

Under N.J.S.A. 2C:52-7, a person who has committed only one (or no) indictable offense during the course of his entire life will be eligible for an expungement. In other words, someone who was convicted of two or more indictable offenses cannot seek an expungement except under very specific conditions.

What is the law on unauthorized disposal of firearms in New Jersey?

Unlawful disposition of a firearm – N.J.S.A 2C:39-9: New Jersey directly addresses the unauthorized disposition or disposal of firearms in a manner that is not allowed by law, the statute is much broader in that it also covers the illegal manufacture, transport, shipping, or selling of firearms. Basically, any attempt to unlawfully move ...

What happens if you get charged with a gun crime in New Jersey?

A conviction or guilty plea to a felony weapons offense may put you behind bars for a very long time, and that will be only the beginning of your troubles. After you serve your time and complete your prison sentence, you will have a gun crime conviction on your permanent record. The first move you should make if you’ve been charged with a weapons offense is to contact an experienced criminal defense attorney who can help you build the strongest possible defense.

What is an airsoft gun charge?

Airsoft Gun Charges – If you have been charged with illegal possession of airsoft guns. Prohibited Weapons and Devices – If you have been charged with possessing a prohibited weapon. First Offense Gun Charges – Information about what happens on a first offense gun charge.

What crimes can result in an individual being permanently prohibited from ever owning a gun?

The list of crimes that can result in an individual being permanently prohibited from ever owning a gun includes most weapons offenses, aggravated assault and other violent crimes, sexual assault and other sex offenses, and felony drug offenses.

What is illegal possession of a gun in New Jersey?

2C:39-5: It is against the law for a person to own or otherwise possess a handgun or other firearm without first registering the weapon and obtaining a license, permit, and/or firearms ID card.

Can you be charged with a gun offense if you have a carry permit?

This is an important distinction because it means that even an individual who has followed the law and obtained a firearms ID card, carry permit, and any other legally required license can still be charged with a weapons offense if they use their legal gun in a certain manner.

Can a felon own a gun in New Jersey?

Certain Persons Offenses – N.J.S.A. 2C:39-7: Certain individuals like convicted felons are prohibited from owning firearms in New Jersey. Under state law, anyone who has been convicted of certain crimes or who was committed to a mental institution is barred from obtaining a firearm purchase permit.

What is a pistol and revolver?

Lack of a permit. For purposes of this law, a “handgun” includes a pistol, revolver or any other firearm designed to fire a solid projectile, ball, slug, pellet, missile or bullet by means of a cartridge or shell or by action of an explosive or the igniting of flammable or explosive substances by the use of a single hand.

How long is a second degree felony?

A Second Degree Offense carries a period of incarceration of between 5 and 10 years. Unlawful possession of a handgun also falls within the Graves Act. Additionally, a conviction for this charge falls within the Graves Act. The Graves Act imposes a period of parole ineligibility that an individual serve in jail before they are eligible for parole.

Is it illegal to carry a gun in New Jersey?

It is illegal to possess a handgun or pistol in NJ absent a properly issued license, permit or exemption under the law. It is also important to keep in mind that this regulation applies to both New Jersey residents and non-residents. This fact often comes as a major surprise to individuals visiting or passing through the state who are in possession of a handgun (e.g. trucker or other individual carrying for protection) that was purchased legally elsewhere. It is an even bigger shock when they learn that unlawful possession of a handgun is presumed to result in a long state prison sentence. This is why is it essential that you hire a talented NJ Criminal Defense Attorney if you have been charged with possessing a handgun without a permit. The lawyers at our firm are well equipped to persuasively represent you in this capacity so that you maintain your freedom.

What court do you file a motion to have your guns not returned?

In other words, the prosecutor must file a motion with the Family Division of the Superior Court requesting that your guns or weapons are not returned to you after the restraining order is dismissed.

Who has the authority to seize a firearm?

In addition, law enforcement officials have the authority to seize any weapons, firearms, firearm purchaser identification cards, and permits to purchase a handgun in the person’s possession. Upon seizing any property, police must deliver all weapons, firearms, firearm purchaser identification cards and permits to the county prosecutor.

Who has the authority to arrest a suspect?

The answer to that question is, it depends. Pursuant to the Prevention of Domestic Violence Act, law enforcement officers , when responding to a claim of domestic violence, have the authority to arrest the suspect if the responding officers find probable cause to believe that domestic violence has occurred.

What are arguments in favor of the defendant seeking reduced punishments in court?

Arguments in Favor of the Defendant Seeking Reduced Punishments in Court Even if the prosecutor won’t agree to what you are looking for when it comes to the penalties imposed for a firearms or weapons offense, a judge’s decision can be influenced by persuasive arguments at sentencing.

How many gun permits are there in New Jersey?

There are two times of gun permits in NJ; the handgun purchasing permit and the firearm purchaser identification card. If you want to purchase a shotgun, rifle, or another long gun, you will need a firearm purchaser identification card, and if you wish to purchase a handgun, you will need a handgun purchasing permit.

How long does it take to appeal a gun permit?

However, you may appeal the decision within 30 days, though the appeals process is not easy to navigate alone.

Is there a law regarding fireworks in New Jersey?

The amendment legalized the sale and possession of non-explosive fireworks. But, there are still laws regarding certain types of fireworks and how they can be used. Read on to learn more. What are New…

Where to apply for armored car in New Jersey?

All armored car employees, regardless of residential location, must apply with the New Jersey State Police, at the nearest New Jersey State Police station (excluding toll roads, stations on the New Jersey Turnpike, Garden State Parkway, and Atlantic City Expressway).

How many rounds of ammunition can a retired police officer carry in New Jersey?

Qualified retired law enforcement officers that have registered a handgun (s) with the New Jersey State Police as part of the Retired Police Officers permit to carry program may possess a magazine with a capacity of up to 15 rounds of ammunition for that specific registered handgun (s). Active duty law enforcement officers may possess magazines ...

What is the responsibility of the seller of a rifle?

It is the responsibility of the seller of the rifles and/or shotguns, including bb, pellet, and black powder rifles to ascertain that the buyer has a valid Firearms Purchaser Identification Card plus one additional form of photo identification and completes a Certificate of Eligibility for each firearm.

What is a semi automatic pistol?

A semi-automatic pistol that has an ability to accept a detachable magazine and has at least two of the following: (1) An ammunition magazine that attaches to the pistol outside of the pistol grip; (2) A threaded barrel capable of accepting a barrel extender, flash suppressor, forward handgrip, or silencer;

Where should a firearm be stored in a vehicle?

If the vehicle does not have a compartment separate from the passenger compartment, the firearm and or ammunition shall be in a locked container other than the vehicle's glove compartment or center console and kept farthest from the driver.

Can a person in one state buy a firearm in another state?

No. It is a violation of Federal law for a resident of one state to receive a firearm of any kind from the resident of another state. In order for this transaction to be legal, it must go through a federally licensed firearms dealer (FFL) in the State that the purchaser/receiver resides in.

Can you bring a gun to New Jersey?

Yes, firearms which have been legally acquired in another state and are legal to possess in New Jersey may be brought to New Jersey by the owner when residency is established. The owner may VOLUNTARILY register the firearm (s) by completing a Voluntary Form of Firearms Registration, found on this website, however the owner is not obligated to do so.

What is the gun rights and information in NJ?

Gun Rights and Information NJ. The process for purchasing a firearm in the United States is highly variable, determined primarily by the state within which the individual attempts to make the purchase and subsequently, by the state in which he or she lives.

What is the NICS form for a firearm?

The process of NICS is as follows: the prospective gun purchaser must complete the Firearms Transaction Record form (ATF Form 4473), which is required when purchasing a firearm from a Federal Firearms License holder. Then, the licensed dealer contacts the NICS via phone or computer to initiate the background check.

Does New Jersey have gun laws?

New Jersey has enacted its own rules with regard to gun purchasing, registration, and permits. However, the U.S. Federal government has also implemented a number of laws and processes to regulate the purchase and possession of firearms. One such federal measure is the National Instant Criminal Background Check System (NICS), ...

How old do you have to be to get a gun permit?

To any person under the age of 18 years for a firearms purchaser identification card and to any person under the age of 21 years for a permit to purchase a handgun; 5. To any person where the issuance would not be in the interest of the public health, safety or welfare; 6.

How long is a gun permit good for?

These permits are only good for 90 days, but may be extended an additional 90 days for a total of no more than 180 at the discretion of your local police chief. You may only purchase one hand gun per month (every 30 days). Each hand gun requires its own permit.

Can a firearms purchaser's identification card be revoked?

(a) A firearms purchaser identification card may be revoked by the Superior Court of the county wherein the card was issued, after a hearing, and upon a finding that the holder no longer qualifies for the issuance of such a card.

Do you need a drivers license to buy shotgun ammunition?

Should you wish to purchase ammunition, it will be necessary to show your drivers license to purchase shotgun or rifle rounds. To purchase handgun ammunition, you will need to show your firearms ID card, or a copy of your Permit to Purchase a Handgun. Please see the information below taken from N.J.A.C Title 13 Chapter 54 on obtaining ...

Is a firearms license a public record?

Any background investigation conducted by the chief of police, the Superintendent or the county prosecutor, of any applicant for a permit, firearms identification card license, or registration, in accordance with the requirements of this chapter, is not a public record and shall not be disclosed to any person not authorized by law or this chapter to have access to such investigation, including the applicant. Any application for a permit, firearms identification card, or license, and any document reflecting the issuance or denial of such permit, firearms identification card, or license, and any permit, firearms identification card, license, certification, certificate, form of register, or registration statement, maintained by any State or municipal governmental agency, is not a public record and shall not be disclosed to any person not authorized by law or this chapter to have access to such documentation, including the applicant, except on the request of persons acting in their governmental capacities for purposes of the administration of justice.