A domestic violence prosecution in New Jersey can have consequences that extend well beyond the sentence imposed by the court. One of the most significant, and sometimes overlooked, is the effect a conviction can have on the right to purchase, own, or possess firearms.
These consequences may apply even when no firearm was involved in the alleged incident and even when the underlying charge is a disorderly persons offense being prosecuted in Municipal Court.
For that reason, the firearm consequences of a proposed plea should be evaluated before a domestic violence case is resolved.
What Happens to Your Gun Rights After a Domestic Violence Conviction in New Jersey?
New Jersey’s Prevention of Domestic Violence Act specifically addresses the firearm consequences of a conviction for a crime or offense involving domestic violence.
Under N.J.S.A. 2C:25-27(c)(1), when a defendant is found guilty of a crime or offense involving domestic violence, the court must advise the defendant that he or she is prohibited from purchasing, owning, possessing, or controlling a firearm pursuant to N.J.S.A. 2C:39-7. The statute also addresses the defendant’s ability to receive or retain a Firearms Purchaser Identification Card (FPIC) or permit to purchase a handgun.
The court is also required to address firearms that have not already been seized or surrendered, as well as an existing FPIC or handgun purchase permit.
As a result, the consequences of a domestic violence conviction may extend well beyond a fine, probation, community service, or other sentence imposed in the criminal case.
Does a Domestic Violence Charge Automatically Mean You Lose Your Gun Rights?
A domestic violence charge and a domestic violence conviction are not the same thing.
Being accused of a domestic violence offense does not mean that the defendant will ultimately be convicted. The State still has the burden of proving the criminal charge beyond a reasonable doubt.
However, firearm issues can arise before the criminal case is resolved.
For example, when a Temporary Restraining Order (TRO) is issued under New Jersey’s Prevention of Domestic Violence Act, law enforcement may seize firearms, a Firearms Purchaser Identification Card, and permits to purchase a handgun. A Final Restraining Order (FRO) can also have significant consequences for a person’s ability to possess firearms.
These proceedings are separate from the criminal prosecution. A person may therefore be dealing with a criminal domestic violence charge, a restraining order proceeding, and a firearm seizure or forfeiture issue at the same time.
Understanding which proceeding is affecting your firearm rights, and what must be done in each proceeding, is important.
Can a Municipal Court Domestic Violence Conviction Affect Your Gun Rights?
Yes. The firearm consequences of a domestic violence conviction are not limited to indictable crimes prosecuted in Superior Court.
Many domestic violence charges are disorderly persons offenses handled in Municipal Court. Examples can include simple assault, harassment, or certain criminal mischief charges.
A defendant should not assume that a Municipal Court plea has limited consequences simply because the prosecutor is not seeking jail.
Under N.J.S.A. 2C:58-3, New Jersey’s firearms permitting laws disqualify certain individuals from obtaining a handgun purchase permit or Firearms Purchaser Identification Card, including a person convicted of a disorderly persons offense involving an act of domestic violence.
The statute expressly provides for this disqualification whether or not the person was armed with or possessed a weapon at the time of the offense.
This can make the precise disposition of a domestic violence case particularly important.
A plea that appears favorable because it avoids incarceration may still have substantial consequences for someone who owns firearms or wants to preserve the ability to lawfully possess them in the future.
Does a Gun Have to Be Involved in the Domestic Violence Incident?
No.
The firearm consequences of a domestic violence conviction are not limited to cases in which a gun was allegedly used, displayed, threatened, or seized.
The underlying allegations may involve an assault, threat, unwanted communication, damage to property, stalking, or other conduct that allegedly constitutes an act of domestic violence. If the ultimate disposition results in a qualifying domestic violence conviction, firearm restrictions may apply even though a firearm played no role in the incident.
For this reason, a defendant who owns firearms should make sure that his or her attorney knows about them before any plea is entered.
What Happens If You Already Own Firearms?
The issue is not limited to whether a person will be permitted to purchase another firearm in the future.
N.J.S.A. 2C:25-27(c)(1) also addresses firearms already owned by a defendant who is convicted of a crime or offense involving domestic violence. The court is required to order the surrender of firearms that have not already been seized or surrendered, together with applicable firearms identification cards and permits.
This can be particularly significant for hunters, recreational shooters, firearm collectors, and individuals whose employment involves firearms.
A person facing a domestic violence charge should therefore consider existing firearm ownership when evaluating the consequences of a proposed resolution.
Can Possessing a Gun After a Domestic Violence Conviction Lead to New Criminal Charges?
Potentially, yes.
New Jersey’s Certain Persons Not to Have Weapons statute, N.J.S.A. 2C:39-7, makes the possession of firearms or other weapons by certain prohibited persons a separate criminal offense.
The degree of the offense and potential penalties depend upon the nature of the prior conviction and the applicable provision of the statute. In some circumstances, unlawful firearm possession by a person with a qualifying prior conviction can result in serious indictable charges and substantial State Prison exposure.
This is one reason a defendant should know exactly what firearm restrictions result from a domestic violence disposition.
A person should not assume that because the original case has ended, he or she is legally permitted to possess a firearm.
A Domestic Violence Plea Should Be Evaluated Beyond the Immediate Sentence
When considering a plea offer, it is natural to focus on the sentence: whether there will be jail, probation, community service, fines, or other court-ordered conditions.
Those are important considerations, but they are not the only ones.
Depending upon the offense and the individual’s circumstances, a domestic violence conviction may also have consequences involving firearm ownership, employment, professional licensing, background checks, immigration status, and other legal rights.
The firearm issue can be especially important because a defendant may agree to a plea that appears favorable based on the immediate sentence without realizing its effect on the ability to lawfully own or possess firearms.
These consequences should be identified and discussed before the plea is entered.
How Should a Domestic Violence Criminal Case Be Evaluated?
Being charged with a domestic violence offense does not mean that a conviction is inevitable.
Before recommending that a client accept a plea, a criminal defense attorney should review the State’s evidence and determine whether the charge can be proven beyond a reasonable doubt.
The police report is only one part of the evidence in a domestic violence prosecution. Depending upon the case, important evidence may include:
- Body-worn camera footage;
- 911 recordings;
- Photographs and medical records;
- Text messages and other electronic communications;
- Social media posts;
- Statements made by the complaining witness;
- Statements made by other witnesses;
- Surveillance or other video evidence; and
- Evidence that confirms or contradicts the allegations contained in the police report.
The circumstances surrounding the initial report can also be important. Statements made at the scene may differ from later allegations, and objective evidence may support or undermine either party’s account.
A careful review of the discovery can therefore materially change the evaluation of a case.
Can a New Jersey Domestic Violence Charge Be Dismissed or Reduced?
Every case is different. Depending upon the evidence, there may be grounds to challenge the State’s ability to prove the charge, seek a dismissal, or negotiate a different resolution.
The appropriate strategy depends on the particular facts, the offense charged, the available evidence, the client’s prior record, and the potential consequences of the proposed disposition.
In a domestic violence case involving firearm ownership, the analysis should include not only whether a proposed resolution avoids jail or reduces the criminal charge, but also what that disposition means for the client’s firearm rights.
That analysis should occur before the case is resolved.