Parsippany, NJ asked in Criminal Law, Juvenile Law and Gov & Administrative Law for New Jersey

Q: Do I disclose past juvenile mental health commitment on NJ firearm application?

I am a police officer in New Jersey looking to apply for an initial handgun firearms permit. Over 10 years ago, as a juvenile, I was committed to a mental health medical center by my parents. Do I need to disclose this commitment on my firearm application?

1 Lawyer Answer
Louis A Casadia
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Answered

A: Yes and you are actually statutorily barred from having a Firearm ID Card unless you get that civil commitment expunged. Frankly, I am amazed this has not interfered with your career. Did this come up at all during your background check? You should seek legal counsel right away.

N.J.S.A. 2C:58-3(c)(13) reads:

c. Who may obtain. Except as hereinafter provided, a person shall not be denied a permit to purchase a handgun or a firearms purchaser identification card, unless the person is known in the community in which the person lives as someone who has engaged in acts or made statements suggesting the person is likely to engage in conduct, other than justified self-defense, that would pose a danger to self or others, or is subject to any of the disabilities set forth in this section or other sections of this chapter. A handgun purchase permit or firearms purchaser identification card shall not be issued:

...

(13) To any person who has previously been voluntarily admitted to inpatient treatment pursuant to P.L.1987, c.116 (C.30:4-27.1 et seq.) or involuntarily committed to inpatient or outpatient treatment pursuant to P.L.1987, c.116 (C.30:4-27.1 et seq.), unless the court has expunged the person's record pursuant to P.L.1953, c.268 (C.30:4-80.8 et seq.);

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