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If you live in New Jersey and want to own a firearm, you already know the state has some of the country’s strictest gun laws. If you also have a prior criminal conviction, the process becomes much more complex. People often ask us a simple, critical question: “Can I get a gun permit in NJ if I have a prior conviction?”
The answer, while not simple, is often one of possibility. New Jersey law creates significant barriers for anyone with a criminal history seeking a Firearms Purchaser Identification Card (FPIC) or a Permit to Purchase a Handgun. However, your specific conviction matters immensely. We can help you understand the statutes that control your eligibility and explore the paths toward restoring your Second Amendment rights.
The Legal Foundation: N.J.S.A. 2C:58-3
New Jersey’s primary law governing firearm permits, N.J.S.A. 2C:58-3, explicitly lists the various reasons officials may deny your application. This statute is the key to understanding your eligibility. It applies to all firearms-related applications, including the FPIC for rifles and shotguns, and the Permit to Purchase a Handgun.
The law includes both state and federal prohibitions, setting a high bar for applicants. We must carefully examine your criminal history against these specific disqualifiers.
Disqualifying Convictions Under State Law
Many people assume only severe felonies prevent gun ownership, but New Jersey’s law is broader. A conviction for any crime (which the state calls an indictable offense) will typically disqualify you. In New Jersey, an indictable offense could have carried a sentence of more than six months in jail, even if your actual sentence was less time or only probation.
Beyond indictable offenses, certain disorderly persons offenses are also disqualifying.
- Domestic Violence: A conviction for any crime or a disorderly persons offense involving an act of domestic violence, as defined in N.J.S.A. 2C:25-19, is a major disqualifier. This prohibition applies whether you were armed or not during the offense.
- Controlled Dangerous Substances (CDS): A conviction for the unlawful use, possession, or sale of a CDS will also disqualify you from owning a firearm.
It is important to remember that New Jersey’s law applies to convictions that occurred in this state or in any other state or federal jurisdiction. We must consider the equivalent severity under New Jersey law.
What About the Public Health, Safety, or Welfare Clause?
Even if your conviction doesn’t fall neatly into one of the specific categories above, the law contains a broad, subjective clause that local authorities and the New Jersey State Police frequently use to deny applications.
- “Interest of the Public Health, Safety or Welfare”: N.J.S.A. 2C:58-3(c)(5) allows a denial if the issuance “would not be in the interest of the public health, safety or welfare because the person is found to be lacking the essential character of temperament necessary to be entrusted with a firearm.”
This clause can be a challenge in Middlesex County, Monmouth County, or anywhere in the state. If your criminal history involves multiple lesser offenses, aggressive behavior, or other problematic conduct, even if not a specific disqualifying crime, a reviewing officer may use this provision to deny your permit. We often see it invoked in cases involving past arrests without convictions or issues with references.
A Potential Solution: Expungement of Your Record
For many people with prior convictions, the legal avenue to restore firearm rights is through expungement. Expungement is a judicial process where a court orders the isolation and removal of records related to an arrest or conviction. In New Jersey, this is governed by N.J.S.A. 2C:52-1 et seq.
The Appeal Process: Challenging a Denial
If the local police chief or the Superintendent of State Police denies your FPIC or Permit to Purchase a Handgun, the law provides a path for you to challenge the decision. This challenge takes the form of an appeal to the Superior Court of New Jersey.
Swift Action is Essential
You must act fast. You have only 30 days from the date you receive the notice of denial to file an appeal in the Superior Court in the county where you reside, be it Ocean County, Bergen County, or any other county. Missing this deadline could permanently cost you your opportunity to appeal.
Final Steps and Getting Legal Help in New Jersey
Navigating New Jersey’s gun permit laws with a prior conviction is challenging, but it is not a lost cause. The process demands patience, precision, and a thorough understanding of state statutes and court procedures. Whether you need to file for an expungement, handle an initial gun permit application, or challenge a denial in Superior Court, we are here to help.
At The Hernandez Law Firm, P.C., we commit ourselves to providing honest, clear legal guidance. We help people in and around New Jersey understand the specific legal landscape they face. We scrutinize the details of your history to develop a strategic plan tailored to your unique circumstances. We stand ready to help you pursue the restoration of your rights with diligence and authority.
Don’t let uncertainty stop you from exploring your options. Call us today for a consultation at (732) 582-5076.
