I do not have a restraining order against the abuser and they have not been charged with or convicted of a crime. Can they have a gun?
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)




