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EspañolI’m worried the abuser has a gun. What can I do to stay safe?
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
What is the penalty for violating state or federal firearm laws?
Under New Jersey state law, if you have a restraining order against the abuser, and s/he doesn’t surrender the firearms to law enforcement as instructed or if the abuser is illegally possessing a firearm under any other circumstance (such as possessing a firearm without a permit), s/he could be arrested for unlawful possession of weapons. If s/he is convicted of unlawful possession of weapons, it can be a crime in the 1st, 2nd, 3rd, or 4th degree (depending on the circumstances) and s/he can be sentenced accordingly. In addition, if the abuser is in possession of a firearm in violation of a restraining order, s/he can be held in contempt. The crime of contempt can be either a disorderly persons offense or a crime in the 4th degree, depending on the circumstances1 – and therefore, the maximum punishment for contempt could be jail time of up to 18 months, a fine of up to $10,000, or both.2
In addition, under federal law, anyone who owns, has or buys a gun in violation of the federal firearm laws can be punished by a fine, jail time for up to 10 years, or both.3
1 N.J. Stat. §§ 2C:29-9(b)(1), (2); 2C:39-5
2 N.J. Stat. §§ 2C:43-6(a)(4); 2C:43-3(b)(2)
3 18 U.S.C. § 924(a)(2)
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)
The abuser uses a gun for work. Does the law still apply?
According to New Jersey state law, if you have a restraining order against the abuser and s/he is a law enforcement officer, s/he can possess a firearm while on duty. If the abuser is a member of the U.S. Armed Forces or the National Guard, s/he can possess a firearm while on duty or while traveling to or from an authorized place of duty.1
Under federal law, however, if the abuser has been convicted of a felony or of a “domestic violence misdemeanor,” then s/he cannot buy or have a gun, even if s/he is a police officer or a military employee.2
1 N.J. Stat. § 2C:25-29(b)
2 18 U.S.C. § 925(a)(1)
I've read through all of this information, and I am still confused. What can I do?
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.
