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EspañolWhat is the difference between federal and state gun laws? Why do I need to understand both?
In these gun laws pages, we refer to both “federal gun laws” and “state gun laws.” The major difference between the two has to do with who makes the law, who prosecutes someone who violates the law, and what the penalty is for breaking the law.
One reason why it is important for you to know that there are these two sets of gun laws is so that you can understand all of the possible ways that the abuser might be breaking the law, and you can better protect yourself. Throughout this section, we will be referring mostly to state laws. Be sure to also read our Federal Gun Laws pages to see if any federal laws apply to your situation as well. You will need to read both state and federal laws to see which ones, if any, the abuser might be violating.
If you are calling the police because you believe the abuser has violated a gun law, you do not necessarily need to be able to tell the police which law was violated (state versus federal) but local police cannot arrest someone for violating federal law, only for violating state/local laws. Only federal law enforcement, the Bureau of Alcohol, Tobacco and Firearms (“ATF”), can arrest someone for violating federal laws. If the local police believe that a state law is being violated, they could arrest the abuser and hand the case over to the state prosecutor. If the local police believe a federal law is being violated, hopefully, the police department will notify the ATF or perhaps the U.S. Attorney’s office in your state (which is the federal prosecutor). For information on how you can contact ATF directly to report the violation of federal gun laws, go to Who do I notify if I think the abuser should not have a gun? If the abuser is breaking both state and federal laws, s/he might be prosecuted in both state and federal court.
What are the definitions of a felony (indictable offense) and a misdemeanor (non-indictable offense)?
In this section about gun laws, we discuss laws that ban people from having a gun if they were found guilty (convicted) of certain “crimes” or “indictable offenses.” This is because New Jersey does not use the more common terms “felony” and “misdemeanor” used by most states and the federal government.1
Non-indictable offense
A “non-indictable offense,” which is also known as a “disorderly persons offense,” is a less serious offense. This is New Jersey’s equivalent of “misdemeanor.” A defendant charged with a non-indictable offense does not have the right to be indicted by a grand jury or to have their case tried in front of a jury.2
Indictable offense
An “indictable offense” means that the prosecutor has to get an “indictment” from a grand jury before charging someone with a crime. This includes any offense under New Jersey law that has a penalty of more than six months in jail. It also includes any offense under the laws of any other state or territory for which the penalty is more than one year in jail. This is commonly known as a felony.3
Offenses called “high misdemeanors” in New Jersey law are left over from a prior version of the state’s criminal law. High misdemeanors are considered indictable offenses because the sentence is imprisonment for three to five years.4
However, you cannot always tell if someone was convicted of an indictable offense only by looking at how long they were in prison. Criminal sentences are often reduced or pled down, meaning a person may serve less time. If you don’t know what the abuser was convicted of, you might be able to:
- ask the prosecutor who handled the criminal case;
- go to the courthouse where they were convicted to see if you can search the record; or
- search online for public criminal records that might be available.
1 State v. Doyle, 200 A.2d 606 (1964); State v. Edoo, 2013 WL 1875978 (N.J. Super. Ct. App. Div. May 7, 2013)
2 N.J. Stat. § 2C:1-4(b)
3 N.J. Stat. § 2C:1-4(a)
4 N.J. Stat. §§ 2C:43-1(b); 2C:43-6(a)(3)
I am a victim of domestic violence and the abuser has a gun. Is that legal?
In New Jersey, it might be illegal for a person to have a firearm if:
- they have been convicted of certain crimes; or
- you have a restraining order against them.
If neither of these applies to you, see, I do not have a restraining order against the abuser, and they have not been convicted of a crime. Can they have a gun?
Also, federal laws, which apply to all states, restrict an abuser’s right to have a gun if you have a restraining order against them that meets certain requirements, or if they have been convicted of a felony or domestic violence misdemeanor. Go to our Federal Gun Laws page to get more information.
