Know the Laws: New Jersey
UPDATED March 24, 2008
WomensLaw.org strongly recommends that you get help from an organization in your area before proceeding with court action.To find help, please go to the NJ Where to Find Help page.
- Basic Info
- Guns and Restraining Orders
- Guns and Criminal Convictions
- More Information and Where to Get Help
Basic Info
back to topI am a victim of domestic violence and my abuser has a gun. Do I have legal options for getting the gun away from my abuser?
Yes. If you have a Restraining Order against your abuser, or if your abuser has been convicted of a felony or domestic violence misdemeanor, then Federal law states that it is illegal for your abuser to buy, own or have a gun in their possession if the order meets certain requirements.*
In addition, NJ state law says that a person cannot have or buy a gun or get a handgun permit if
- s/he has been convicted for any crime
- s/he has been convicted of a disorderly persons offense involving an act of domestic violence
- is a drug addict
- is/ was an alcoholic
- is/ was confined to a mental institution or a hospital due to a mental disorder
- is subject to an active restraining order with a firearm provision.** (Any final restraining order should say that the abuser is banned from purchasing, owning, possessing or controlling a firearm and from getting a gun permit during the period in which the restraining order is in effect or two years, whichever is greater. This does not apply, however, to cops or military personnel while on duty. It is possible that this firearm provision might also be included in a temporary restraining order as well. )***
If you are not sure if your abuser has been convicted of a domestic violence misdemeanor, see What crimes are considered domestic violence misdemeanors?
To read the definition of a felony, see What is the definition of a felony?
* 18 USC §922(g)(8); 18 USC §922(g)(9)
** NJ Statutes §§2C:58-3(c) & 2C:58-4(f)
*** NJ Statutes §§2C:25-29(b) & 2C:25-28(i) & (j)