It’s also a public health crisis. The New Jersey Attorney General has the unique authority to issue statewide policy directives that apply to the New Jersey’s 38,000 state, county, and local police officers and 1,000 state, county, and municipal prosecutors.
Please feel free to call us or contact us online for a free consultation with one of our lawyers. Since stolen firearms are often illegally trafficked and used in the commission of crimes, New Jersey requires legal gun owners to report guns that have been stolen and countless people face criminal charges involving stolen weapons in NJ.
In fact, the New Jersey Criminal Code includes stun guns on a list of prohibited weapons and devices. Specifically, N.J.S.A. 2C:39-3 (h) establishes that any person who knowingly has in his possession any stun gun is guilty of a crime of the fourth degree.
within 30 daysNJ FID Card Process Please check their website first to see if they have it listed there. Once the forms are complete and your references return their questionnaires, you should be issued your Firearms Purchaser's ID card within 30 days.
If you have your criminal record expunged in New Jersey, it is possible your ability to purchase and keep a firearm in the state may be restored. Having your record expunged hides certain criminal convictions from the public, meaning they will not show up in most background checks.
three business daysThese requests can take (3) three business days to be processed. If you have not received a response after 3 business days, please call the NICS Unit main line, ext.
Please carry your law enforcement credentials and understand that you are restricted to 17 rounds of ammunition per magazine. If you are in New Jersey for official purposes and on duty with your department issued firearm, then there is no restriction.
Federal Firearms Law Like New Jersey law, federal law also prohibits any person who has been convicted of a felony from owning, carrying, or purchasing a firearm. So too, federal law prohibits any person who has been convicted of any act of domestic violence from owning, carrying, or purchasing a firearm.
However, many serious felonies cannot be expunged. For instance, homicide, arson, robbery, arson, sex crimes, distribution or manufacture of controlled dangerous substances, perjury and bribery cannot be expunged under New Jersey law.
If you successfully pass these checks and requirements, you will be issued a Firearms Purchaser Identification Card. This process can take up to 30 days or longer, depending upon how busy the local department is at the time and how persistent you are.
The National Instant Criminal Background Check System (NICS) is available electronically via a web-based system "New Jersey State Police NICS Online," weekdays from 9:00 A.M. to 8:00 P.M. and Saturday from 10:00 A.M. to 5:00 P.M. NICS will be closed on all State holidays.
One WeekHow long does it take to complete background check? One Week, Background Checks take one week to process.
Can You Have a Loaded Gun in Your House in New Jersey? Yes. A person can keep and carry any legal firearm in his or her place of business, residence, premises or other land owned or possessed.
First and foremost, body or dum-dum armor penetrating or piercing bullets are generally illegal for the public to possess in the state of NJ. Ammunition designed to penetrate, pierce, or breach body armor is primarily intended for use in handguns.
This bill eliminates the statutory prohibition against the possession of “hollow point” and “dum-dum” ammunition. New Jersey's current prohibition includes an exemption so that a person may purchase this ammunition and transport it to his dwelling.
If you are prohibited from legally possessing a firearm we will be unable to rent to you. This includes but is not limited too: Convicted Felons. A past or current user of drugs or alcohol.
There are three ways to restore firearm rights in New Jersey, including: Expunging an Adult Felony Conviction. Expunging Juvenile Convictions (Findings of Delinquency) Getting Pardoned by the Governor.
Criminal Conviction. The biggest disqualifier for a firearm license or permit is a conviction for a crime or a disorderly person offense involving domestic violence. Please note a conviction in another state will suffice in making a person ineligible if the foreign offense would have constituted a crime in NJ.
A conviction can lead to 5 to 10 years in prison. Using any other weapon against someone is a third-degree crime, punishable by 3 to 5 years in prison.
The New Jersey Attorney General has the unique authority to issue statewide policy directives that apply to the New Jersey’s 38,000 state, county, and local police officers and 1,000 state, county, and municipal prosecutors.
The Attorney General protects the rights of New Jersey’s residents by standing up to corporate polluters, financial fraudsters, discriminatory employers—and when necessary, the federal government.
The Attorney General’s Advisory Committee on Less-Lethal Force was formed last summer to study the circumstances in which law enforcement officers in the state should be permitted to use less-lethal ammunition designed to stun or temporarily disable people.
The supplemental policy is effectively an amendment to the existing use of force policy, and applies specifically to the use of less-lethal ammunition that is ejected from a firearm and targeted at a person. It does not address the use of other forms of less-lethal force, including electronic stun guns, such as Tasers. However, the advisory committee plans to examine legal and policy issues concerning stun guns, and plans a public hearing on the issue. (A date has not been set.)
An example of a situation where the use of less-lethal ammunition might be authorized would be a circumstance in which a person is armed, or appears to be armed, with a potentially deadly weapon and refuses to comply with an officer’s order to disarm, but the danger to the officer is not yet imminent.
The policy states that less-lethal ammunition may be directed against a person only when such force is reasonably necessary to prevent the person from causing death or serious bodily injury to himself or herself, a police officer, or any other person.
The committee had recommended that police officers be permitted to fire less-lethal ammunition at a person only when such force is reasonably necessary to prevent that person from causing death or serious bodily injury to himself, an officer, or any other person.
The advisory group is co-chaired by retired Superior Court Appellate Judge Dennis J. Braithwaite and Mitchell Sklar , the executive director of the New Jersey State Association of Chiefs of Police.
Under New Jersey law, the term weapon does not simply refer to a handgun or other firearm. In fact, the legal definition of a weapon as provided by N.J.S.A. 2C:39-1 refers to any number of objects capable of causing injury. Sometimes, a household item like a steak knife can be used as a weapon. According to the statute, “weapon” means anything readily capable of lethal use or of inflicting serious bodily injury. The term weapon includes, but is not limited to: firearms, components that can be readily assembled into a weapon, gravity knives, switchblade knives, daggers, dirks, stilettos, or other dangerous knives, billies, blackjacks, bludgeons, metal knuckles, sandclubs, slingshots, cesti or similar leather bands studded with metal filings or razor blades embedded in wood, stun guns, and any weapon or other device which projects, releases, or emits tear gas or any other substance intended to produce temporary physical discomfort or permanent injury through being vaporized or otherwise dispensed in the air.
On the other hand, if the weapon is not located within the premises, police will ask either the defendant or a third party to surrender the weapon voluntarily. If the defendant or third party who possesses the weapon refuses to surrender it or to allow police to search for it, the officer should obtain a Domestic Violence Warrant for the Search and Seizure of Weapons (see below).
A Domestic Violence Warrant is an administrative warrant to remove a weapon for safekeeping purposes and is not a criminal search warrant. This means it should not be used to conduct a search of the premises for evidence of a crime. If the officer wants to search for evidence of a crime, they must apply for a standard criminal search warrant.
If the defendant refuses to turn over their weapons, they can be charged with criminal contempt. The person will then be arrested and police can conduct a search for the weapon (s).
There are various reasons why police may take a person’s weapons in a domestic violence case. First and foremost, officers have the authority to seize any weapon that is contraband, evidence, or is suspected to have been used in the commission of a crime. Further, N.J.S.A. 2C:25-21 (d) entitled “Seizure of Weapons for Safekeeping,” mandates that when a police officer has probable cause to believe that an act of domestic violence has been committed, he or she must question all persons present to determine whether there are weapons on the premises.
If your weapons were taken in connection with a domestic violence case or restraining order in New Jersey, contact our NJ domestic violence attorneys at (908)-336-5008 for immediate assistance. We provide free consultations and can answer all of your questions.
If a law enforcement officer seizes a firearm, they will also take any related documentation, including the defendant’s firearms purchaser identification card and/or permit to purchase a handgun.
If you get no satisfaction from the Police Department or if they are non-committal, make an appointment with your Mayor and/or town council and/or municipal attorney to discuss this problem and ask politely for their assistance. You are trying to follow the law and you expect your town to comply with state statutes and to process your application in a timely manner. You are not asking for any special favors. You are only asking to be treated FAIRLY according to the law as it is written. However, if it becomes obvious during your conversation that your request is being ignored, you want to be SURE to mention that if the problem cannot be resolved, you will be forced to contact the County Prosecutor’s office to launch an investigation into the possibility of “OFFICIAL MISCONDUCT” This is a process you HAVE to go through in order to have standing if you need to take further steps. Please keep a journal of EVERYONE you talk to about this, with dates, times and basic result. Always be sure to try and get a specific time commitment as to when you can expect a follow up communication from the people you contact.
If you get no satisfaction from the police department, directly contact the Unit Head of the NJ Division of State Police Firearms Investigation Unit by calling (609) 882-2000. Explain the problem and ask him to intercede with the police chief of your municipality on your behalf. 3.
After leaving work one night, she was provoked by her ex-partner but this time, she displayed the stun gun and proclaimed she was not going to take the abuse anymore. The boyfriend got scared and contacted the police and unfortunately, Caetano was charged with unlawful possession of a stun gun.
One reason behind the legalization of stun guns was a successful constitutional challenge to the legality of New Jersey’s stun gun ban. Another reason that NJ legislators supported the legalization of tasers was the expected economic impact as a result of the sales demand for stun guns and tasers.
If you face weapons charges in New Jersey for the possession of a prohibited weapon or device, the unlawful possession of a firearm, or the possession of a weapon for an unlawful purpose, you should contact the Tormey Law Firm today. Our team of experienced criminal defense attorneys has decades of legal experience and we have successfully defended clients throughout New Jersey who were facing the severe consequences of New Jersey’s strict weapons laws. Our track record includes numerous cases in which we have successfully defended individuals charged with crimes in weapons cases, including illegal possession of a stun gun, handgun, rifle, and shotgun, in Superior Courts across New Jersey. Contact (201) 614-2474 24/7 to speak with a lawyer free of charge.
In 2016, an activist group called the New Jersey Second Amendment Society filed a lawsuit against the New Jersey Attorney General. In their suit, the plaintiffs asserted that our stun gun laws were unconstitutional.
Under New Jersey’s Criminal Code, a stun gun is defined as any weapon or other device which emits an electrical charge or current intended to temporarily or permanently disable a person. N.J.S.A 2C:39-1. In simpler terms, a stun gun is a taser or prod that electrocutes an individual. Typically, the device is used for self-defense as an alternative and less lethal form of disabling a threatening person.
Massachusetts. In that case, Caetano was the victim of domestic violence and following a very severe altercation with her boyfriend, which placed her in the hospital, she was offered a stun gun by a friend. Caetanao accepted the weapon and began carrying it on her person in case she was confronted by her abuser. After leaving work one night, she was provoked by her ex-partner but this time, she displayed the stun gun and proclaimed she was not going to take the abuse anymore. The boyfriend got scared and contacted the police and unfortunately, Caetano was charged with unlawful possession of a stun gun. Similar to New Jersey’s old law, in Massachusetts, mere possession of a stun gun was illegal. As such, even though the stun gun probably saved her from further abuse and she never actually used the device against her ex-partner, she was convicted of a crime.
Fourth degree crimes in New Jersey, including the unlawful possession of prohibited weapons and devices, can lead to the imposition of a fine of up to $10,000 and a potential prison sentence of up to 18 months. Moreover, a conviction for a fourth degree crime will result in a permanent record of a felony offense.
The necessary licensure reactivation application and materials may be downloaded from the Board of Nursing’s website and include the following: 1. Reactivation Application: Complete the application, including the Certification and Authorization for a Criminal History Background Check, attach a current passport photograph to the application and submit the application and the required fee(s) to: New Jersey Board of Nursing P.O. Box 45010 Newark, NJ 07101 2. Application Packet:
You may not practice in the State of New Jersey until your license or certificate has been reactivated.