Can I Own a Gun if I Get a DWI in New Jersey?

The state of New Jersey has some of the most severe gun laws in the country. Specifically, New Jersey law lists certain individuals who are not permitted to possess weapons or ammunition, including those who have previously committed a crime. A violation of any of these laws is a crime in itself and can result in criminal charges and penalties. Read on to discover whether you hold the right to own a gun after a DWI offense and how a seasoned Middlesex County gun crime attorney at The Law Office of Michael A. Policastro can be of assistance.

Am I allowed to own a gun if I get a DWI in the state of New Jersey?

Notably, New Jersey law does not specifically state whether you hold the right to own a gun after a DWI offense. However, the laws generally state that you are prohibited from the issuance of a handgun or firearm permit, or an identification card if you have previously been convicted of a crime. Importantly, it is irrelevant whether you received a jail sentence for your DWI offense, Rather, all that matters is whether you were eligible to receive this sentence with the conviction.

Also worth mentioning is that a DWI is not eligible for expungement under New Jersey law. This means that you will likely never be qualified to own a gun after your DWI conviction.

Rest assured, a competent Middlesex County DWI attorney can delve into the specifics of your situation and assess your options.

What are the consequences of owning a gun after a DWI offense in the state of New Jersey?

According to New Jersey law, illegal possession of a gun is an indictable offense. Such offense to equivalent to felonies in other states. Below is a simplified version of these offenses and their respective penalties:

  • Second-degree crime, punishable by anywhere between five to 10 years in jail:
    • Illegal possession of a machine gun or handgun.
    • Illegal possession of an assault rifle.
  • Third-degree crime, punishable by anywhere between three to give years in jail:
    • Illegal possession of a rifle or shotgun.
    • Illegal possession of an air gun, spring gun, or a weapon of a similar nature.

That said, if you are dealing with the penalties tied with your DWI offense, the last thing you need is to also deal with the penalties of an illegal gun possession offense. To fight these charges placed against you, do not hesitate in reaching out to our firm today.

Contact our experienced New Jersey firm

No matter your circumstances, if you are facing criminal charges, contact the Law Office of Michael A. Policastro today for the experienced legal counsel you deserve and need.

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