Deptford, NJ asked in Criminal Law for New Jersey

Q: If I’m convicted of simple assault and harassment in New Jersey, can I obtain a permit to purchase firearm?

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2 Lawyer Answers
James A. Abate
James A. Abate
Answered
  • Criminal Law Lawyer
  • Somerville, NJ
  • Licensed in New Jersey

A: Any domestic violence conviction will prohibit your obtaining a FID. Additionally, the following offences prohibit the possession of a firearm: robbery, aggravated assault, burglary, arson, extortion, homicide, kidnapping, escape, sexual assault, aggravated sexual assault, endangering the welfare of a child, stalking, and bias intimidation.

Amber Forrester
Amber Forrester
Answered
  • Criminal Law Lawyer
  • Flemington, NJ
  • Licensed in New Jersey

A: There are a number of NJ felony convictions that will prevent a person from being able to legally own a firearm thereafter. The particular offenses you reference, however, are disorderly persons offenses (called misdemeanors in many other states) which in general do not prohibit someone from obtaining a FID or permit UNLESS those offenses involve domestic violence. So in the situation you describe, it would depend on who the victim of the simple assault and harassment was and that person's relationship to you. If that person's relationship to you is one covered by the Prevention of Domestic Violence Act of 1991 (2C:25-17), you would be prohibited from legally obtaining or owning a firearm.

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