Yes. Domestic violence allegations can affect your gun rights in New Jersey, and in some situations, those restrictions can begin before there’s a criminal conviction. What happens depends on the type of domestic violence case and any court orders that are issued.
If you’re facing these allegations, it’s important to understand how New Jersey law could affect your ability to own or possess firearms. The Law Office of Christopher St. John represents clients in Marlton, NJ, in domestic violence and other criminal defense matters. This article explains when domestic violence cases can affect gun rights and what those restrictions can look like under New Jersey law.
How Domestic Violence Affects Your Gun Rights
In New Jersey, domestic violence cases don’t only involve potential criminal charges. They can also lead to restraining order proceedings, and those court orders often determine what happens to your firearm rights. Because of that, gun restrictions can take effect before a criminal case is resolved.
If a court issues a Temporary Restraining Order (TRO) or a Final Restraining Order (FRO), you may be prohibited from possessing firearms. Law enforcement may also seize your firearms and any firearm permits during the domestic violence proceedings. These restrictions can apply even if you haven’t been convicted of a crime, which is why it’s important to take domestic violence allegations seriously from the start.
What Happens if You Are Convicted of a Domestic Violence Offense?
A domestic violence conviction can result in the loss of your firearm rights under New Jersey and federal law.
In New Jersey, N.J.S.A. 2C:39-7 prohibits firearm possession after certain domestic violence convictions. The law covers both indictable offenses and disorderly persons offenses involving domestic violence, even if no firearm was used or involved in the offense. Violating that prohibition can lead to additional criminal charges.
Federal law also imposes firearm restrictions. Under the Lautenberg Amendment (18 U.S.C. § 922(g)(9)), a person convicted of a misdemeanor crime of domestic violence that involved the use or threatened use of physical force cannot possess firearms anywhere in the United States. Although New Jersey uses the term “disorderly persons offense” instead of “misdemeanor,” some New Jersey convictions can still fall under the federal law.
The effect of a conviction depends on the offense and the circumstances of the case.
Understand Your Legal Options With The Law Office of Christopher St. John
A restraining order can result in the loss of your firearms before your criminal case is even decided. If that case ends in a conviction, that loss can become permanent. An experienced defense attorney can look closely at the evidence against you and help you understand what’s realistically at stake for your firearm rights.
If you’re facing domestic violence charges in Marlton or anywhere in Southern New Jersey, The Law Office of Christopher St. John is ready to help you understand your legal options. Contact us through our contact page or call 856-517-2958 to discuss your case with an experienced criminal defense attorney.
Christopher St. John
Tess Berkowitz