When a defendant is convicted of certain felonies, they will lose their rights to purchase, own, or carry firearms. However, once a convicted defendant has completed their sentence, they can take steps to try to restore their gun rights, with help from a lawyer.
Options for restoring gun rights in New Jersey are a bit more limited than in some other jurisdictions. Generally, you may restore your rights through a pardon or possibly an expungement. Unfortunately, pardons and expungements tend to be difficult to obtain, and they are not guaranteed even if you are eligible. It is a good idea to work with an attorney on restoring your gun rights, so you maximize your chances of success.
Get a free, confidential legal assessment from our NJ criminal defense lawyers by calling the Law Offices of John J. Zarych at (609) 616-4956.
Restoring Your Gun Rights Through a Pardon
One way to restore your gun rights is to get a formal pardon for the felony convictions that caused you to become prohibited in the first place.
How Does a Pardon Work?
A pardon may restore any civil rights that were previously restricted due to a felony conviction. This may include your right to legally purchase and possess a firearm.
While a pardon may restore your rights to gun ownership, it does not erase your criminal record. You will still have a criminal record reflecting felony convictions, and there may be other complications to deal with. For example, employers may still see your felony conviction in a background search, but they will also see the pardon.
How Do You Obtain a Pardon?
The Governor decides who receives a pardon. Pardons are not given out at random, and you must submit an application explaining why you should be pardoned.
A pardon, also called clemency, may only be granted to those who have completed their sentences. You cannot apply for a pardon if you are currently in the middle of serving your sentence.
You must complete the application, available online, and submit it by regular mail. You may include any supplemental information that you believe helps your case.
Are Pardons Difficult to Get?
Generally, pardons are difficult to obtain, and many, if not most, applicants are denied. The fact that you completed your sentence and are eligible for a pardon does not mean a pardon will be granted automatically. The Governor has the final say on pardons and broad discretion in the matter.
Applicants who appear to present a safety risk are more likely to be denied. Also, the Governor will consider the victims of the applicant’s crimes. More serious crimes where people were badly hurt are more likely to be denied.
How an Expungement Can Help Restore Your Gun Rights
Pardons are possible, but the odds of getting one tend to be low. Expungements, on the other hand, are granted more frequently and may be a viable option to restore your gun rights in New Jersey.
What Does an Expungement Do?
An expungement essentially seals almost all records of your felony conviction. Once sealed, these records are inaccessible to almost everyone, except certain law enforcement officials or judicial agencies.
Once your conviction is expunged, you may treat it as if it never existed. Expunged convictions do not show up in background checks, and they should not interfere with your ability to obtain a firearm.
How Does an Expungement Restore Your Gun Rights?
Since expunged convictions are legally treated as though they never existed, you are not free to apply for a firearm purchaser identification card (FID), which is necessary to lawfully purchase and own a gun.
However, there are some important nuances to consider. While certain convictions may be expunged at the state level, they might not be at the federal level, which could interfere with your ability to own a firearm.
Additionally, the authorities who review FID applications can see expunged convictions, and they will know if your felony convictions were expunged. Under certain circumstances, such as particularly violent expunged felonies, the authorities could deny your FID application.
Can an Expungement Be Denied?
Yes, expungements may be denied, even if you are otherwise eligible to have your felony convictions expunged. Certain offenses in New Jersey may never be expunged:
- Murder
- Kidnapping
- Sexual assault
- Criminal sexual contact involving a minor
- False imprisonment or criminal restraint involving minors
- Arson
- Robbery
- Endangering the welfare of a child (specifically involving sexual acts or creating child pornography)
- Terrorism
- Perjury or false swearing
An expungement might also be denied based on prosecutorial objections. If prosecutors believe you pose a safety risk to the community, your expungement could be denied. Our Brigantine, NJ criminal defense lawyers can push back against prosecutorial objections so you can have your rights restored.
FAQs About Restoring Your Gun Rights After a Felony Conviction in NJ
Why Are Gun Rights Restricted in New Jersey?
Gun rights may be restricted if you are convicted of certain disabling offenses, usually certain indictable crimes or disorderly persons offenses involving domestic violence. Upon conviction, you may have to relinquish your firearms, and you are prohibited from ever purchasing, owning, or carrying a gun.
How Can You Restore Gun Rights in New Jersey?
Gun rights may be restored by obtaining a pardon from the governor or having your conviction expunged. A pardon restores all civil rights previously restricted because of a conviction, while an expungement effectively seals the records of the conviction and erases it from your criminal record.
Can You Apply More Than Once to Have Gun Rights Restored?
Yes. If you apply for a pardon or seek to have your record expunged and are denied, you may apply again later. It is possible that you were denied because your case did not meet statutory eligibility criteria, but you do now. You may also reapply and work to convince the relevant authorities to use their discretion to grant your pardon or expungement.
Is it Easy to Restore Gun Rights?
Generally, no. Obtaining a pardon is notoriously difficult, as only the governor has the power to grant one, and they do so infrequently. Expungements are more common, but they are not 100% guaranteed to restore your gun rights. Even if your records are expunged at the state level, federal restrictions might still prevent you from fully restoring your gun rights.
Contact Our NJ Criminal Defense Attorneys About Restoring Your Gun Rights
Get a free, confidential legal assessment from our Sea Isle City, NJ criminal defense lawyers by calling the Law Offices of John J. Zarych at (609) 616-4956.
