Who is Prohibited from Buying a Weapon in New Jersey?

In New Jersey, anyone under 18 years old is not allowed to apply for any firearms license. Except for the case of an employment requirement, anyone under 21 years old cannot apply for a handgun permit. The federal law governing who can purchase and possess firearms in the United States is set by the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Each state has its own rules and guidelines regarding firearms purchase and possession.

New Jersey’s firearm laws govern who is allowed to legally purchase or own a firearm. A permit is required to buy a handgun in New Jersey. This permits one handgun per permit. The Firearms Purchaser ID Card allows unlimited shotgun and rifle purchases. They must be obtained either from the local police or New Jersey State Police.

N.J.S. § 2C:58-3 outlines the circumstances under which a person cannot be issued firearms or handgun permits. This section prevents anyone from being issued this identification or permit if they are convicted of any crime, disorderly persons offense, or domestic violence-related offense.

New Jersey law doesn’t classify crimes as felonies. Felonies are generally any offense that can result in a one-year sentence or longer. It doesn’t matter if you have been sentenced to a one-year or longer sentence. What matters is that you are eligible for this sentence. Practically, this means that a conviction for a New Jersey crime of the first, second, third, or fourth degree automatically disqualifies you from applying for a gun permit.

You also cannot obtain a gun permit if you are:

• Confined in a hospital or mental institution for mental disorders
• Having a physical condition or disease makes it difficult to use firearms.
• For firearms, under 18 years old; for handguns, 21 and older
• A restraining or temporary order may be issued
• Suffering from alcoholism or drug addiction

It is important to know what your defense options are if you or someone you love faces a New Jersey firearm crime. Lustberg Law Offices offers a complimentary consultation with gun crime lawyer Adam M. Lustberg. They can also discuss the charges you are facing and your options. Call us today at (201) 880-5311 to schedule a consultation. 

New Jersey Gun Permit Application Process

You must obtain the permits to legally purchase and possess firearms in New Jersey, despite the stringent gun laws. If you fail to apply, serious criminal charges could be brought against you.

There are two kinds of permits available if you want to buy a gun in New Jersey: The Firearms Purchaser Card and the Permit to purchase a handgun. 

In order to apply for either permit, you must submit your application to the chief of police of your municipality. If you are located in New Jersey you may submit the application to the Superintendent of New Jersey State Police. You must submit your application with a government-issued photo ID and two references that attest to your mental health. 

The police will conduct a background check on your application with the FBI and state police. They will also perform a search for mental health records (for which you need to give written consent) and fingerprint checks (for which two copies must be provided). They will then have 60 days to respond to your request. If you do not receive a response within this time, your application will be considered approved.

New Jersey lawyers at Lustberg Law Offices are able to provide you with an effective and strategic defense against any mandatory punishment under New Jersey weapons charges. The combined legal experience of our team includes defending New Jersey residents, even in cases that involve unlawful possession of weapons or other weapons.

A warrant for arrest marks the start of a legal proceeding that doesn’t have to lead to a guilty verdict. You can have a defense that makes you feel optimistic. For a confidential consultation, call us at (201) 880-5311 to speak with an attorney.

New Jersey Graves Act: Mandatory Weapons Sentencing

New Jersey has two mandatory sentencing statutes that are applicable to gun or weapons convictions: the Graves Act and the No Early Release Act (NERA). These laws are intended to make sure that defendants convicted serve sentences issued by the local Superior Courts.

The Graves Act, codified as N.J.S.A. 2C:43-6(c) requires that a convicted person will be sentenced to prison with no eligibility for parole. The period of parole ineligibility for a first offense will be one-third to one-half of the full sentence, or 3 years, whichever is higher. For a second or subsequent firearms offense, the parole ineligibility is five years. A fourth-degree conviction means that the sentence must be completed in full.

If the court determines that the crime and/or defendant were connected with organized crime, a conviction for unlawfully possessing a handgun, machine gun, or assault rifle will result in the ineligibility of parole for five years.

A mandatory extension of prison must be imposed on anyone convicted under the Graves Act after they have already been convicted for firearms offenses. An extended sentence will include the ineligibility to parole for one-third to one-half of the sentence or five years, depending on which is higher.

Getting the Help of a Skilled Criminal Defense Lawyer 

Lustberg Law Offices’ gun crime lawyer Adam M. Lustberg, and his team of highly skilled lawyers have more than seventeen years of experience in representing individuals charged with gun or weapons offenses in New Jersey. Our firm provides aggressive legal defense, and we work with the courts and prosecutors to minimize any negative impact on your life. You can be confident that you will face the charges with our experienced team of New Jersey attorneys on your side. For a free consultation, call us at (201) 880 5311.

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