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.

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.

You can ask the judge to write in your emergency or temporary order that the abuser cannot have a gun while you are waiting for a full court hearing but it will be up to the judge. New Jersey law says that with an emergency or temporary order, the judge can (but doesn’t have to) do any of the following:

• prohibit the abuser from possessing any firearm or other weapon;
• order the search for, and seizure of, any firearm or other weapon at any location where the judge has reasonable cause to believe the weapon is located;
• order the seizure of any “firearms purchaser identification card” or “permit to purchase a handgun” issued to the defendant; and
• order any other appropriate relief.

If the judge does order that the abuser cannot have firearms, then the judge must require that a law enforcement officer accompany the abuser (or go without the abuser if necessary) to any place where any firearm or other weapon is located and take possession of them. If the restraining order prohibits the abuser from going to the place where firearms or other weapons belonging to the defendant are located, the law enforcement officer will go without the abuser and seize (take) them.¹

However, if there is no specific mention of a firearm restriction in the temporary order, then you may have to wait until you are given a final order. The removal of firearms is required by law with a final restraining order. See I have a final restraining order against the abuser. Can they keep a gun or buy a new gun? for more information.

¹ N.J. Stat. § 2C:25-28(j)

Domestic violence misdemeanor and felony records are open to the public, but they are not always easy to access. If you know the exact courthouse where the abuser may have been convicted, you can go to the courthouse and ask the clerk of court for access to those records.

Domestic violence misdemeanor and felony records are also kept in the National Instant Criminal Background Check System (NICS). The National Instant Criminal Background Check System is used by Federal Firearms Licensees (FFLs) to instantly determine whether someone is eligible to receive firearms or explosives.¹  However, no one other than law enforcement officials and licensed firearm sellers are allowed to search the NICS. Your local police department may be willing to search NICS for you if you ask, but they are not required to do so.

To read more about the NICS, please see the question, What will happen if the abuser tries to purchase a gun?

¹ National Criminal Justice Reference Service website

If the gun is taken away as part of your restraining order, a law enforcement officer will accompany the abuser to any place where the firearm is located and take possession of the firearm(s). If the restraining order prohibits the abuser from going to the place where his/her firearms or other weapons are located or if the abuser cannot or will not accompany the officer for other reasons, the law enforcement officer will go without the abuser and seize (take) the firearms.¹

If the gun is taken away by law enforcement due to an arrest for domestic violence (after a 911 call, for example), the law enforcement officer will deliver the firearm (along with any “firearms purchaser identification card” or “permit to purchase a handgun”) to the county prosecutor.² Within 45 days, the prosecutor has the option to file a petition with the judge to:

• object to the weapons being returned to the abuser;
• ask for title to the seized weapons; and/or
• ask that any and all permits, licenses and other authorizations for the use, possession, or ownership of such weapons to be revoked (cancelled).³

If the prosecutor files this petition, s/he would have to notify the abuser of the petition and then a hearing would be held (where the abuser can be present). At the hearing, the judge would decide whether or not to return the firearms. The firearms can be returned if:

• the victim “drops the charges” and the prosecutor believes there is not enough evidence to have the abuser indicted without the victim’s cooperation;
• the abuser is not indicted by the grand jury on the criminal charges;
• the abuser is found “not guilty” after a trial; or
• if the judge decides that the “domestic violence situation” no longer exists.³

If, after the hearing, the judge determines that the weapons should not be returned to the abuser, the judge could do any of the following:

1. order the revocation (cancelation) of the owner’s firearms purchaser identification card or any permit, license or authorization;
2. order the abuser to surrender any other firearms s/he owns to the prosecutor; and
3. allow the abuser to arrange for the sale of the firearms to a registered dealer of the firearms – but if this is not done within 60 days, the prosecutor would instead have the firearms destroyed.⁴

However, once a defendant is found guilty of a crime or offense involving domestic violence, different standards apply that those listed in 1-3 above. The judge will order the defendant to arrange for the immediate surrender to law enforcement of any firearm that has not already been seized or surrendered. Any firearms purchaser identification card or permit to purchase a handgun will be considered immediately revoked and the abuser will have to turn those in to law enforcement as well. The defendant then has 5 business days to arrange for the sale of any of the surrendered firearms to a licensed retail firearms dealer if s/he chooses to do so (and the firearms dealer has to get the firearms from law enforcement within 10 business days of when the judge ordered the surrender of the firearms). Otherwise, the firearms will be destroyed. Once the abuser gives the firearms to law enforcement, s/he will get a receipt and s/he has 48 hours to give that receipt to the prosecutor.⁵

¹ N.J. Stat. § 2C:25-29(b)
² N.J. Stat. § 2C:25-21(d)(1),(2)
³ N.J. Stat. § 2C:25-21(d)(3)
⁴ N.J. Stat. §§ 2C:25-21(d)(3); 2C:64-6
⁵ N.J. Stat. §§ 2C:25-27(c); 2C:64-6

Before purchasing a gun from a licensed firearm dealer, all buyers must undergo a criminal background check that is processed through the National Instant Criminal Background Check System (NICS). The National Instant Criminal Background Check System is used by federal firearms licensees (FFLs), such as firearms dealers or pawnbrokers, to instantly determine whether someone is eligible to receive (own, possess, transport) firearms or explosives.¹ If the abuser has a qualifying protection order against him/her, or has been convicted of a felony or domestic violence misdemeanor in any state, those records should be in the NICS, which should prevent the abuser from legally buying a gun. Not all states have automated record keeping systems, making it more difficult to process the criminal background check, and some criminals and abusers do slip through the system. Also, it is important to know that background checks are not required for private and online gun sales and so in those situations, the seller is not looking in the NICS.

If the abuser is able to purchase a gun and you believe that s/he should not be able to have one under the law, you can alert the police, and ask that his/her gun be taken away and perhaps the police will investigate. Generally, it is not a good idea to assume that because the abuser was able to buy a gun, it is legal for him/her to have one.

¹ National Criminal Justice Reference Service website

Even if you are able to have the abuser’s guns taken away, there’s a possibility that they can get one illegally.  When an abuser has a gun, it makes it more likely that they could hurt someone.¹ So, it’s important to think about your safety.

A safety plan might include leaving the area or going somewhere the abuser doesn’t know, like a domestic violence shelter. We have tips on our Safety Planning pages, and you can contact an advocate at your local domestic violence organization who might help you create a personalized plan.

¹ See Everytown for Gun Safety’s report on Guns and Violence Against Women

Even if the abuser does not have a restraining order against them and they have not been convicted of a crime, there are other reasons that gun possession can be illegal. New Jersey state law says that a person cannot get a “handgun purchase permit” or a “firearms purchaser identification card” if:

• it would not be in the interest of the public health, safety, or welfare for them to have one; or
• if the person:
  • had a gun that was taken away due to a prior order and not returned;
  • is addicted to drugs or alcohol;
  • is currently or has ever been confined to a hospital, mental institution, or sanitarium for a mental disorder;
  • suffers from a physical defect or disease, which would make it unsafe for them to handle firearms;
  • knowingly falsifies any information on the application form for a handgun purchase permit or firearms purchaser identification card;
  • is under the age of 18 years for a firearms purchaser identification card, or under the age of 21 years for a permit to purchase a handgun;
  • as a juvenile, was adjudicated delinquent for an offense that would be a crime if committed by an adult, and the offense involved illegally having or using a weapon, explosive, or destructive device; or
  • is named on the consolidated Terrorist Watchlist maintained by Terrorist Screening Center, administered by the Federal Bureau of Investigation.¹

If any of these fits your situation, please talk to a lawyer or advocate in your area about how this law is being enforced and what steps you can take to help enforce it. For additional information on gun laws in New Jersey, you can go to the Giffords Law Center website.

¹ N.J. Stat. § 2C:58-3(c)

Trying to understand both federal and state law can be confusing.  There are people who can help you better understand the law and your rights under the law. You can:

• contact the National Center on Protection Orders and Full Faith & Credit to get more information about the federal firearm law and how it applies to you: 1-800-903-0111 x 2;
• contact us by writing to our Email Hotline;
• contact a local domestic violence organization in your area.