New Jersey Gun Lawyers for Misstatement or Fraud in a Permit or License Application
A misstatement or omission of a material fact in an application or renewal of a gun permit can lead to significant issues in New Jersey. You will not only be denied the related license or permit but also be exposed to a criminal charge under Title 58 of the New Jersey Criminal Code. This offense is an indictable felony of the third degree that can land you in prison for years, so it is important to select an attorney who is skilled in defending firearm cases. We possess exactly that at the Law Offices of Jonathan F. Marshall, and can offer you:
- Over 200 years of combined experience defending handgun, rifle, shotgun and other firearm charges throughout NJ
- Former county prosecutors that have served as Director of the Guns Task Force, Major Crimes Bureau and even an entire Trial Division
- 10 lawyers that practice exclusively in the area of criminal defense
- Certified criminal trial attorneys
- A rich history of success over two decades representing clients charged with firearm violations
To speak to an attorney who has handled many application misstatement cases in the past, contact our office at 877-450-8301. Lawyers are available around the clock to take your call and initial consultations are free.
Charged With Providing False Information in an Application for a New Jersey Firearm Permit
When someone makes a misstatement of fact, uses the personal information of another person, uses a false address or otherwise engages in some form of fraudulent conduct to secure a gun license or permit, they may be prosecuted for violating N.J.S.A. 2C:39-10c. This statute provides that:
Any person who gives or causes to be given any false information, or signs a fictitious name or address, in applying for a firearms purchaser identification card, a permit to purchase a handgun, a permit to carry a handgun, a permit to possess a machine gun, a permit to possess an assault firearm, or in completing the certificate or any other instrument required by law in purchasing or otherwise acquiring delivery of any rifle, shotgun, handgun, machine gun, or assault firearm or any other firearm, is guilty of a crime of the third degree.
There are four elements of proof that are carved out in this law and each one of them must be established by the prosecutor in order to obtain a conviction. The first thing that must be proven is that the defendant provided a statement of fact, name, or address. Second, the information must have been false. Third, the defendant must have known that the fact(s), name, or address was false. Fourth, the misrepresentation must have been in the context of an application for a firearm purchaser’s identification card or in an application to possess or carry a firearm (e.g. handgun).
Common Misstatements Under 2C:39-10c. There are certain disabilities or characteristics that render a person ineligible to possess a firearm. Not surprisingly, these are also the most frequently encountered misstatements in this context. A handgun permit nor purchaser’s ID card may be issued to someone:
- Convicted for a criminal offense involving domestic violence
- Suffering from mental illness or habitual drunkenness
- That possesses a disability that makes it unsafe for them to handle a firearm
- Under 18 applying for an ID card to purchase a shotgun or rifle or under 21 applying for a permit to purchase a handgun
- With an existing restraining order or whose firearms were seized in accordance with the Prevention of Domestic Violence Act of 1991
- On a terrorism watchlist
- Prohibited from possessing a weapon in accordance with an Extreme Risk Protective Order.
Penalties for Making a False Statement. Violation of 2C:39-10c is a third-degree crime. The penalties that may be imposed at sentencing for this offense include up to 5 years in prison and a fine of up to $15,000. It is possible to avoid prosecution, however, if you are admitted into the New Jersey Pretrial Intervention Program, commonly referred to as PTI. A criminal charge for misstatement or fraud is dismissed upon completion of one (1) year of PTI probation.
Contact Our Highly Skilled Handgun Possession Defense Lawyers in New Jersey
Many fraudulent applications for a firearm are filed in NJ annually, although the number arrested for this conduct is limited. If you had the unfortunate luck to be charged in accordance with 2C:39-10c, we can certainly help you. The attorneys on our team are some of the most experienced litigators in the defense of gun offenses in the state. Call the Law Offices of Jonathan F. Marshall now at 877-450-8301 for the knowledgeable legal guidance you need in this difficult time. A lawyer is available 24/7 to assist you, and initial consultations are free.
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