If you find yourself in New Jersey, eager to restore your gun rights after a previous criminal conviction, understanding the process can be challenging. Below, we will demystify the legal terminology and provide you with a clear understanding of the steps involved in reclaiming your gun rights. Our aim is to equip you with the knowledge and guidance needed to navigate the pathway to redemption successfully.
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Understanding Gun Ownership Restrictions
In New Jersey, the law prohibits individuals convicted of specified violent crimes in any jurisdiction (e.g., a felony conviction in PA for robbery) from purchasing, owning, possessing, or controlling firearms. The primary purpose of this law, known as N.J. Stat. Ann. § 2C:39-7, is to safeguard public safety by restricting access to firearms for individuals with a history of violence.
In addition to violent crimes, individuals convicted of any crime or a disorderly persons offense related to domestic violence are ineligible to obtain a handgun purchase permit or a firearms purchaser identification card. It’s crucial to note that this restriction applies regardless of whether the offense was committed while armed. The relevant statutes governing this restriction can be found in §§ 2C:58-3(c)(1) and 2C:58-4(c).
Exploring The Path To Restoration
Fortunately, for those seeking to regain their gun rights in New Jersey, there is a viable path to redemption. You have the option to apply to the Governor for the restoration of your civil rights or privileges through a pardon. By submitting an application for a pardon, you can present your case and demonstrate that you have turned your life around, showing evidence of rehabilitation and personal growth. It is essential to understand that a pardon does not cover disqualifications from public office due to impeachment, as specified in § 2A:167-5.
The Power Of A Governor’s Pardon
A Governor’s pardon has the potential to restore both your civil rights and your firearm rights. This authority is derived from the New Jersey Constitution, specifically N.J. Const. art. V, § 2, ¶ 1. When considering a pardon application, the Governor evaluates factors such as the nature of the offense, the length of time since the conviction, your conduct during that period, and any testimonials or supporting documentation attesting to your rehabilitation.
Distinguishing Certificates Of Rehabilitation
In some other states, a certificate of rehabilitation can serve as a means of restoring certain rights to individuals with criminal records. However, in New Jersey, it is important to note that a certificate of rehabilitation does not have the same effect as a Governor’s pardon.
Understanding New Jersey’s Pardon Policy: Restoring Gun Rights
If you’re someone who wants to regain your gun rights in New Jersey, it’s important to know how the pardon process works. Below, we’ll explain the key aspects of New Jersey’s pardon policy, so you can have a clearer understanding of the process.
Who Has The Authority To Grant Pardons?
The power to grant pardons lies with the Governor of New Jersey, except for cases of treason and impeachment. The state constitution enables the creation of a commission to give the governor advice on pardons. The governor also has the authority to restore civil rights and other privileges, except for the right to hold public office.
The Pardon Process
The governor may choose to refer pardon applications to the New Jersey State Parole Board for investigation and recommendations. However, the board’s recommendations are not binding on the governor. The parole board consists of 15 members appointed by the governor with the consent of the Senate. While federal and out-of-state offenders are not eligible for a gubernatorial pardon, there are no formal eligibility requirements outlined.
Effects Of A Pardon
A successful pardon can lead to the restoration of civil rights and the removal of legal disabilities, such as the ability to hold public office. However, it’s important to note that the New Jersey Supreme Court ruled in 2021 that a person who has received a pardon for two prior convictions may be eligible for expungement, which clears their criminal record. The court’s decision clarified that a pardon removes the statutory barriers to expungement eligibility but does not grant courts inherent authority to expunge a pardoned conviction.
Frequency Of Pardons
Recent governors in New Jersey have granted pardons sparingly, often towards the end of their terms. They have not frequently utilized their power to restore civil rights separately. For instance, former Governor Christie granted 52 pardons during his term, including six to individuals from out-of-state convicted under New Jersey firearms laws. Former Governor Corzine granted 13 pardons, with a focus on non-violent offenders whose convictions were more than ten years old.
FAQ
Can I Regain My Gun Rights If I Have Been Convicted Of A Violent Crime In Another Jurisdiction?
No, if you have been convicted of specified violent crimes in any jurisdiction (e.g., felony convictions), you are prohibited from purchasing, owning, possessing, or controlling firearms in New Jersey.
Are There Any Exceptions To The Gun Ownership Restrictions For Individuals Convicted Of Domestic Violence Offenses?
No, individuals convicted of any crime or a disorderly persons offense involving domestic violence, regardless of whether they were armed at the time of the offense, are denied a firearms purchaser identification card and a handgun purchase permit.
How Can I Restore My Gun Rights In New Jersey?
To restore your gun rights, you can apply for a pardon from the Governor of New Jersey. A successful pardon application should demonstrate rehabilitation, personal growth, and a commitment to living a law-abiding life.
What Is The Difference Between A Governor’s Pardon And A Certificate Of Rehabilitation?
A Governor’s pardon has the power to restore both civil rights and firearm rights. On the other hand, a certificate of rehabilitation, which may be available in other states, does not have the same effect in New Jersey. In New Jersey, only a Governor’s pardon can restore firearm rights.
What Factors Does The Governor Consider When Evaluating A Pardon Application?
The Governor takes into account various factors, including the nature of the offense, the length of time since the conviction, your conduct during that period, and any testimonials or supporting documentation that demonstrate rehabilitation and personal growth.
Can A Governor’s Pardon Restore My Eligibility For Public Office If I Have Been Disqualified Due To Impeachment?
No, a Governor’s pardon does not cover disqualification from public office resulting from impeachment. It solely focuses on restoring civil rights and privileges, including firearm rights.
Can I Apply For A Certificate Of Rehabilitation In New Jersey?
No, New Jersey does not offer a certificate of rehabilitation as a means to restore gun rights. Only a Governor’s pardon has the potential to restore firearm rights.
Is There A Specific Timeline Or Waiting Period After Conviction Before Applying For A Pardon?
There is no set timeline or waiting period mentioned in the provided information. However, it is generally advisable to demonstrate a significant period of rehabilitation and a sustained commitment to a law-abiding life before applying for a pardon.
What If I Have Multiple Convictions On My Record?
Can I still apply for a pardon? Yes, you can still apply for a pardon, even if you have multiple convictions on your record. Each application is evaluated on a case-by-case basis, considering factors such as the nature of the offenses and your conduct since the convictions.
Are There Any Legal Resources Or Organizations That Can Assist Me With The Process Of Restoring My Gun Rights In New Jersey?
Yes, there are legal professionals, such as attorneys specializing in criminal law and rights restoration, who can provide guidance and support throughout the process of applying for a pardon and restoring your gun rights.
Can The Governor Restore Civil Rights And Other Privileges?
Yes, the governor has the authority to restore civil rights and other privileges, except for the right to hold public office.
What Is The Process For Obtaining A Pardon In New Jersey?
The governor may refer pardon applications to the New Jersey State Parole Board for investigation and recommendations. However, the board’s recommendations are not binding on the governor.
Are There Any Eligibility Requirements For A Gubernatorial Pardon?
There are no formal eligibility requirements outlined for a gubernatorial pardon. However, federal and out-of-state offenders are not eligible.
What Are The Effects Of Receiving A Pardon?
A successful pardon can lead to the restoration of civil rights and the removal of legal disabilities, except for the right to hold public office in cases of impeachment.
Can A Pardoned Conviction Be Expunged In New Jersey?
In 2021, the New Jersey Supreme Court ruled that a person with two prior pardoned convictions may be eligible for expungement, which clears their criminal record. However, it’s important to note that a pardon removes statutory barriers to expungement eligibility, but courts do not have inherent authority to expunge a pardoned conviction.
How Frequently Are Pardons Granted By New Jersey Governors?
Recent governors have granted pardons sparingly, often toward the end of their terms. The separate power to restore civil rights has not been frequently exercised.
New Jersey Gun Rights Restoration Attorney
You might have the ability to restore your gun rights following criminal convictions, and The Law Offices of Jonathan F. Marshall are here to assist. Our seasoned attorneys, boasting 200 years of combined experience and a roster filled with former prosecutors and top-rated defense lawyers, are specialized in navigating complex criminal law. We’ve consistently achieved favorable outcomes, even when up against prosecutors. Don’t hesitate to get the defense you need – contact us at (877) 534-7338 or visit our website online today.
Find out more about the expungement process in New Jersey.
