New Jersey Firearm Defense Lawyers
New Jersey law outlines disabilities that render an individual ineligible to obtain a permit to purchase a firearm or issuance of a firearms purchaser’s identification card. The discussion addresses the circumstances that bar someone from legally buying a handgun, shotgun, or rifle in this state. If you have questions about this or another gun offense in NJ, you are encouraged to contact our criminal defense firm. We can offer you:
- Over 200 years of combined experience
- A team of 10 lawyers that handles nothing other than the defense of the accused
- Former county prosecutors that include a former gun task force director
- Certified criminal trial attorneys
- Decades of success helping clients in gun-related matters
Who hope you find the information on this page to be helpful. To reach an attorney on our staff for a free consultation, call 877-450-8301.
Disqualification for a Gun License or Permit in New Jersey
N.J.S.A. 2C:58-3 outlines the circumstances that disqualify an individual for eligibility to obtain a permit or license to purchase a firearm in New Jersey. The law deems an individual to be lacking in good character and/or fitness to possess a handgun, rife, shotgun, or another type of firearm when one of the following exist:
- 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.
- Drug Dependency or a Mental Disorder. The second primary reason why someone cannot qualify for a firearm license is documented drug dependency or a prior mental disorder that required admission to a hospital or mental health facility.
- Physical Limitations or Disease. Someone may also be lawfully denied the ability to purchase a firearm if they have a disability or physical limitation that makes it unsafe for them to be handling a shotgun, rifle, or handgun. Credible medical evidence such as a narrative report from a licensed physician is typically necessary if you need to overcome disqualification based on a physical limitation/disability.
- Age. An individual is ineligible for a firearms purchaser ID card if they are under 18 years old and are disqualified from securing a handgun permit if they are under 21 years of age.
- Restraining Order. You cannot possess a firearm if there is an existing temporary or final restraining order in place against you.
- Juvenile Conviction for Unlawful Use or Possession of a Firearm
- Contrary to Public Health, Safety, or Welfare. The “catchall” basis for denial of a permit or license to buy a firearm is that issuance would be against public health, safety, or welfare. Please note that courts are permitted to consider previously dismissed domestic violence complaints in determining whether disqualification is warranted. The same is true as to any criminal charge that was dismissed; the court may consider any of the underlying facts insofar as they are deemed relevant to public health, safety and welfare.
Misstatements or Frauds Contained in an Application
The most significant source of fraud in applications for a firearms purchaser identification card or handgun permit concern failure to disclose one of the previously mentioned ineligibility factors. This conduct results in a third-degree crime in New Jersey. For more information on this subject, refer to our false information in a firearm application page.
Firearm Licensing Attorney in New Jersey
Firearms are heavily regulated in this state, so it is not surprising that disqualification for purchasing not only a handgun but a long weapon like a shotgun is common. If you were denied a license or permit and would like to speak to a lawyer with decades of experience helping individuals in your position, call our New Jersey criminal defense firm at 877-450-8301. Lawyers are available 24/7 to assist you, and initial consultations are free.