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EspañolIf the abuser has been charged with or convicted of a crime, can they have or buy a gun?
Federal laws, which apply to all states, may restrict an abuser’s right to have a gun. You can see more information on our Federal Gun Laws page.
Many states also have laws that ban people convicted of certain crimes from having guns. For example, some states include:
- felony (indictable offense) convictions;
- hate crimes;
- misdemeanors (non-indictable offenses) involving violence and guns; or
- serious juvenile offenses.1
You can find your state’s related laws on our Selected New Jersey Statutes page:
| Statute | Title (click on the links below to read each law) |
|---|---|
| 2C:1-4 | Classes of offenses |
| 2C:25-19 | Definitions |
| 2C:25-21 | Arrest; criminal complaint; seizure of weapons |
| 2C:25-26 | Release from custody before trial; restraining orders; confidentiality of victim’s location; bail |
| 2C:25-27 | Conditions of sentence |
| 2C:25-28 | Complaint by victim; emergency relief; temporary restraining orders; service of process |
| 2C:25-29 | Hearing; factors considered; orders for relief |
| 2C:29-9 | Contempt |
| 2C:39-5 | Unlawful possession of weapons |
| 2C:39-7 | Certain persons not to have weapons |
| 2C:43-1 | Degree of crimes |
| 2C:43-3 | Fines and restitution |
| 2C:43-6 | Sentence of imprisonment for crime; ordinary terms; mandatory terms |
| 2C:58-3 | Purchase of firearms |
| 2C:58-4 | Permits to carry handguns |
| 2C:64-6 | Disposal of forfeited property |
The Giffords Law Center to Prevent Gun Violence also has a page on firearms prohibitions in New Jersey.
If the abuser has been charged with a crime or offense involving domestic violence in New Jersey and is being released before trial on bail or “personal recognizance,” the judge can also order that they not have a gun. This order may require that any guns they do have be seized by law enforcement.2
Note: New Jersey does not require that these criminal convictions happen in this state. If the abuser was convicted of a similar crime in another state, or even in any country in the world, the law would still apply as long as the abuser was convicted by a court of “competent jurisdiction.”2
1 Giffords Law Center to Prevent Gun Violence, Firearm Prohibitions
2 N.J. Stat. § 2C:39-7(c)
How can I find out if the abuser has been convicted of a crime?
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?
