Felon Gun Rights in New Jersey
No — if you have been convicted of any indictable offense (felony) in New Jersey or any equivalent offense in another state, you are permanently prohibited from possessing firearms or ammunition. The only ways to restore your gun rights are through expungement of your conviction or a governor's pardon. Certain serious offenses cannot be expunged, leaving a pardon as the sole option.
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Overview
New Jersey has among the most restrictive gun laws in the nation. Any person convicted of an indictable offense (the New Jersey equivalent of a felony) is permanently prohibited from owning, purchasing, or possessing firearms or ammunition under N.J.S.A. 2C:39-7. The only paths to restoration are expungement of the underlying conviction or a governor's pardon — both of which are difficult to obtain. Even certain misdemeanor-level offenses (disorderly persons offenses involving domestic violence) trigger a permanent firearms disability.
Quick Answer
No — if you have been convicted of any indictable offense (felony) in New Jersey or any equivalent offense in another state, you are permanently prohibited from possessing firearms or ammunition. The only ways to restore your gun rights are through expungement of your conviction or a governor's pardon. Certain serious offenses cannot be expunged, leaving a pardon as the sole option.
Federal Law — 18 USC 922(g)
The federal prohibition under 18 U.S.C. 922(g)(1) independently bars anyone convicted of a crime punishable by more than one year of imprisonment from possessing firearms. New Jersey expungement may satisfy the federal 'civil rights restored' exception if the expungement effectively removes the conviction, but this is not guaranteed and depends on the specific circumstances. A governor's pardon that expressly restores firearms rights can lift the federal ban. The DOJ is developing a new federal restoration process under 18 U.S.C. 925(c), expected to accept applications in 2026, which may provide an additional pathway for New Jersey residents with federal firearms disabilities.
Can restore gun rights
- ✓Persons convicted of indictable offenses that are eligible for expungement under N.J.S.A. 2C:52-2 (generally after a 6-year waiting period)
- ✓Persons who receive a governor's pardon that expressly restores firearms privileges
- ✓Persons whose convictions are vacated or overturned on appeal
- ✓Persons convicted of certain fourth-degree indictable offenses reclassified as disorderly persons offenses through plea negotiation (if the final conviction is not disqualifying)
- ✓Persons who qualify for the new federal 18 U.S.C. 925(c) restoration process (when finalized in 2026)
Cannot restore gun rights
- ✗Persons convicted of offenses ineligible for expungement: robbery, arson, kidnapping, sexual assault, homicide, human trafficking, endangering the welfare of a child, perjury, and other enumerated crimes under N.J.S.A. 2C:52-2(b)
- ✗Persons convicted of first- or second-degree crimes involving firearms or explosives
- ✗Persons with multiple indictable offense convictions who exceed the expungement limits
- ✗Persons subject to a domestic violence restraining order (separate federal and state prohibition)
- ✗Persons adjudicated as mentally defective or committed to a mental institution (separate prohibition under N.J.S.A. 2C:58-3(c))
- ✗Persons convicted of a disorderly persons offense involving domestic violence (permanent state and federal prohibition)
Step-by-Step Process
Determine expungement eligibility
Review your conviction under N.J.S.A. 2C:52-2 to determine whether your specific offense qualifies for expungement. Certain serious offenses (robbery, arson, kidnapping, sexual assault, homicide, human trafficking) are permanently ineligible. You must wait at least 6 years after completing your sentence (reduced to 5 years in some circumstances under the 2019 Clean Slate reforms).
Obtain your criminal history record
Request a copy of your criminal history from the New Jersey State Police (NJSP) or the FBI. You will need this to verify which convictions appear on your record and to include with your expungement petition. As of 2025, you can track expungement processing through the NJSP online portal.
File an expungement petition
File a verified petition for expungement in the Superior Court. As of 2025, you may file in the county where you currently reside (not only where the conviction occurred). Serve copies on all relevant agencies: the county prosecutor, the Attorney General, the NJSP, and any law enforcement agency involved in the arrest. There is a filing fee, though fee waivers may be available.
Attend the court hearing
The court will schedule a hearing, typically within 60 days. The prosecutor or Attorney General may object to the expungement. The court will consider the nature of the offense, the time elapsed, your criminal history, and the public interest. If granted, the court will issue an expungement order.
Wait for the order to be processed
Once the court grants the expungement, the order must be processed by the NJSP and all relevant agencies. Under a 2025 legal settlement, the NJSP must process most orders within 120 days (with a target of 90 days). Track your order through the NJSP Expungement Status Portal.
Apply for a Firearms Purchaser Identification Card (FID)
After the expungement is fully processed, apply for a Firearms Purchaser Identification Card through the NJ FARS online portal. You will undergo a background check. If the expungement was processed correctly, the disqualifying conviction should no longer appear. If denied, you may appeal to the Superior Court within 30 days.
Alternative: Apply for a governor's pardon (if ineligible for expungement)
If your offense is not eligible for expungement, you may apply for a governor's pardon. Submit a pardon application to the Governor's Office. There is no fixed timeline, and New Jersey governors have historically granted pardons sparingly — often only at the end of their terms. The pardon must expressly restore firearms privileges to lift the state prohibition.
Waiting Period
Expungement requires a minimum of 6 years after completing your full sentence (including probation, parole, and payment of fines). Under certain circumstances created by the 2019 Clean Slate reforms, this may be reduced to 5 years. A governor's pardon has no fixed waiting period but is rarely granted. For the upcoming federal 18 U.S.C. 925(c) process, the waiting period and eligibility criteria are still being finalized.
Key Laws
| Law | Year | Description |
|---|---|---|
| N.J.S.A. 2C:39-7 — Certain Persons Not to Have Weapons | 1979 | The core statute prohibiting persons convicted of indictable offenses (and certain other disqualified persons) from purchasing, owning, possessing, or controlling firearms or ammunition. Violations are second-degree crimes carrying 5-10 years imprisonment. |
| N.J.S.A. 2C:58-3 — Purchase of Firearms | 1979 | Governs the Firearms Purchaser Identification Card (FID) and handgun purchase permit system. Establishes disqualifying criteria including felony convictions, domestic violence convictions, restraining orders, mental health adjudications, and substance abuse history. |
| N.J.S.A. 2C:52-1 et seq. — Expungement Statutes | 1979 (amended 2019) | Establishes the process for expunging criminal records. Expungement of an indictable offense removes the firearms disability. Major reforms in 2019 (Clean Slate Act, A5823) expanded eligibility and reduced some waiting periods. |
| A3881 (2025) — Expungement Processing Portal | 2025 | Requires the New Jersey State Police to establish an online portal allowing persons with granted expungement orders to track the status of electronic processing. Addresses longstanding backlog issues that delayed firearms rights restoration after court-ordered expungements. |
| 18 U.S.C. 922(g)(1) — Federal Felon-in-Possession Prohibition | 1968 | The federal law independently prohibiting any person convicted of a crime punishable by more than one year from possessing firearms or ammunition. Applies in New Jersey regardless of state law. |
Edge Cases
Does New Jersey expungement automatically restore my federal firearms rights?
Not necessarily. While New Jersey expungement removes the state-level firearms disability, the federal government may still consider the underlying conviction under 18 U.S.C. 922(g)(1). Courts have generally held that a state expungement can satisfy the federal exception if it effectively treats the conviction as if it never occurred, but the ATF and federal prosecutors may take a different view. Consult a firearms attorney who understands both state and federal law before purchasing a firearm after expungement.
I was convicted in another state but now live in New Jersey. Can I own a gun?
No. Under N.J.S.A. 2C:39-7, the prohibition applies to anyone convicted of a crime in New Jersey 'or any other state or jurisdiction.' An out-of-state felony conviction disqualifies you from possessing firearms in New Jersey. You would need the conviction expunged or pardoned in the state where it occurred, AND ensure the federal prohibition is also addressed.
I completed a Pre-Trial Intervention (PTI) program. Am I prohibited from owning firearms?
Generally, no. Successful completion of PTI results in a dismissal of charges, not a conviction. Since there is no conviction, the firearms disability under N.J.S.A. 2C:39-7 does not attach. However, the arrest record may still appear on background checks until it is expunged, which could cause delays in obtaining an FID card. You should seek expungement of the arrest record to avoid complications.
Can I possess firearms if my conviction was for a disorderly persons offense (misdemeanor)?
It depends on the offense. Most disorderly persons offenses do not trigger the firearms prohibition under N.J.S.A. 2C:39-7. However, disorderly persons offenses involving domestic violence (such as simple assault under 2C:12-1(a) in a domestic setting) DO permanently disqualify you from firearm possession under both state and federal law (18 U.S.C. 922(g)(9)).
I was sentenced under New Jersey's conditional discharge for a drug offense. Am I prohibited?
Successful completion of conditional discharge under N.J.S.A. 2C:36A-1 results in a dismissal, not a conviction. Like PTI, this means the firearms disability should not attach. However, if you violated conditional discharge and were subsequently convicted, the conviction would trigger the prohibition.
My expungement was granted but my FID application was still denied. What can I do?
This can occur due to processing delays at the NJSP. Under the 2025 settlement, the NJSP must process expungement orders within 120 days. If your denial is based on a conviction that has been expunged, you can appeal the denial to the Superior Court within 30 days. Bring a certified copy of your expungement order to the appeal hearing.
Frequently Asked Questions
- Can a convicted felon ever own a gun in New Jersey?
- Yes, but only through very limited pathways. A person convicted of an indictable offense can have their firearms rights restored through: (1) expungement of the conviction (available for eligible offenses after a 5-6 year waiting period), or (2) a governor's pardon that expressly restores firearms privileges. For offenses that cannot be expunged (such as robbery, sexual assault, or homicide), only a pardon can restore rights — and New Jersey governors have historically granted very few pardons.
- How long do I have to wait to get my gun rights back in New Jersey?
- For expungement-eligible offenses, you must wait a minimum of 6 years after completing your full sentence (including probation, parole, and all financial obligations). This may be reduced to 5 years under the 2019 Clean Slate reforms in certain circumstances. After expungement is granted, processing by the NJSP takes up to 120 days. A governor's pardon has no fixed timeline and may take years.
- What offenses cannot be expunged in New Jersey?
- Under N.J.S.A. 2C:52-2(b), the following offenses cannot be expunged: homicide, kidnapping, aggravated sexual assault, sexual assault, robbery, arson, human trafficking, endangering the welfare of a child, perjury, and certain other enumerated crimes. If your conviction is for one of these offenses, a governor's pardon is the only path to restoration.
- Does New Jersey have a waiting period after expungement before I can buy a gun?
- There is no additional statutory waiting period after expungement. Once the expungement order is processed by the NJSP (up to 120 days under the 2025 settlement), you may apply for a Firearms Purchaser Identification Card. The FID application itself has its own processing timeline.
- Can I own a gun in New Jersey with a felony conviction from another state?
- No. New Jersey's firearms prohibition under N.J.S.A. 2C:39-7 applies to anyone convicted of 'any crime' in any state or federal jurisdiction. You would need the out-of-state conviction expunged or pardoned by the jurisdiction where it occurred. Even then, the federal prohibition under 18 U.S.C. 922(g)(1) must also be addressed.
- How does the new federal 18 U.S.C. 925(c) program affect New Jersey residents?
- The DOJ is developing a process under 18 U.S.C. 925(c) to allow individuals with federal firearms disabilities to petition for relief. This program, dormant since 1992, is expected to begin accepting applications in 2026. It may provide an additional pathway for New Jersey residents whose state-level restoration does not fully address the federal prohibition. Details on eligibility criteria and the application process are still being finalized.
- Will getting a pardon automatically restore my New Jersey gun rights?
- A New Jersey governor's pardon can restore firearms rights, but only if the pardon expressly includes restoration of the right to possess firearms. Not all pardons include this language. If you are seeking a pardon specifically to restore gun rights, you should request that the pardon explicitly authorize firearm possession.
- Can I possess a BB gun, airsoft gun, or antique firearm with a felony conviction in New Jersey?
- New Jersey's definition of 'firearm' under N.J.S.A. 2C:39-1 is very broad and includes many items not typically considered firearms in other states. BB guns and pellet guns may be classified as firearms depending on their characteristics. Antique firearms manufactured before 1898 may be exempt under both state and federal law, but this is a narrow exception. Consult an attorney before possessing any weapon.
Take Action — Direct Links
- NJ Courts — Expungement Information
Official New Jersey Courts page with expungement forms, filing instructions, and eligibility information.
- NJ State Police — Expungement Status Portal
Online portal to track the processing status of court-ordered expungements with the New Jersey State Police.
- NJ State Police — Firearms Application and Registration System (FARS)
Online portal for applying for a Firearms Purchaser Identification Card (FID) or handgun purchase permit.
- Governor's Office — Pardon Information
Information on applying for a governor's pardon in New Jersey, including application forms and contact details.
- Legal Services of New Jersey
Free legal assistance for low-income New Jersey residents, including help with expungement petitions.
- DOJ — Federal Firearm Rights Restoration (925(c))
Information on the new federal firearms rights restoration process under 18 U.S.C. 925(c), expected to begin accepting applications in 2026.
- CCRC — New Jersey Restoration of Rights Profile
Comprehensive overview of New Jersey's rights restoration landscape from the Collateral Consequences Resource Center.