Who Cannot Carry
N.J.S.A. 2C:39-7 — certain persons not to have weapons, and five years without parole for a firearm after a listed crime
A listed crime, and a firearm. A person convicted, in New Jersey or elsewhere, of aggravated assault, arson, burglary, escape, extortion, homicide, kidnapping, robbery, aggravated sexual assault, sexual assault, bias intimidation, carjacking, gang criminality, racketeering, terroristic threats, certain unlawful weapons possession, leading a firearms trafficking network, endangering the welfare of a child, stalking, or a crime involving domestic violence, or of an attempt or conspiracy to commit one, or of the listed drug and weapons crimes, who purchases, owns, possesses or controls a firearm is guilty of a crime of the second degree. The sentence includes a minimum term fixed at five years, without parole.
- A person convicted of a disorderly persons offense involving domestic violence who purchases, owns, possesses or controls a firearm or ammunition.
- A person whose firearm was seized under the Prevention of Domestic Violence Act and not returned, or who is subject to a court order under that act prohibiting firearms, except a law enforcement officer, or a member of the armed forces or National Guard, while actually on duty.
- A person subject to an extreme risk protective order prohibiting firearms or ammunition who purchases, acquires, owns, possesses or controls either.
Each of those is a crime of the third degree.
Other weapons and ammunition. A person convicted of a listed crime, of certain weapons crimes, or of a drug offense above a disorderly persons offense, or who has ever been committed for a mental disorder to a hospital, mental institution or sanitarium without a licensed doctor's or psychiatrist's certificate or other satisfactory proof that the disorder no longer interferes with handling a firearm, who purchases, owns, possesses or controls any of the specified weapons or any ammunition is guilty of a crime of the fourth degree.
Convictions elsewhere. A conviction in another state, territory or jurisdiction of the United States, or in any country, for a crime comparable to one the section lists counts the same way.
Who may be issued a permit to purchase a handgun or a firearms purchaser identification card, the permit to carry, and federal prohibitions are not on this page. Whether a particular conviction or order bars a particular person is a question for a licensed New Jersey attorney.
Sources for this section (1)
- N.J.S.A. 2C:39-7 — Certain persons not to have weapons or ammunition
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed New Jersey attorney.