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Roger
Roger, Lawyer
Category: Criminal Law
Satisfied Customers: 31022
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I was arrested, pled guilty to a charge of possession of weapon

Customer Question

I was arrested, pled guilty to a charge of 'possession of weapon' in New Jersey in 1974. My sentence was 2 yrs suspended, 2 yrs probation, $500 fine, probation suspended upon payment of fine. At the time, I was told there was no such thing as a felony in N.J., only high/low misdeameanor(s). Why am I denied a request to purchase a weapon. My rights were never taken from me.
Submitted: 7 years ago.
Category: Criminal Law
Expert:  Roger replied 7 years ago.

New Jersey law prohibits a person convicted of firearm offenses from purchasing, owning or possessing a firearm.

 

New Jersey Statute 2C:39-7 prohibits any person who has been convicted in this state or elsewhere of the crime of aggravated assault, arson, burglary, escape, extortion, homicide, kidnapping, robbery, aggravated sexual assault, sexual assault, bias intimidation, endangering the welfare of a child, various drug convictions as well
as firearm offenses from purchasing, owning, possessing or controlling
a firearm.

 

Violation of this section is a crime of the second degree and upon conviction the person shall be sentenced to a term of imprisonment of not less than five years during which time the defendant shall be ineligible for parole.

 

Because of this law, you would be flagged in every state and prohibited from purchasing a firearm.

Roger and 3 other Criminal Law Specialists are ready to help you
Customer: replied 7 years ago.
What I am hearing is that even though I honorably served my country in Viet Nam, worked for the U.S. government (USPS) for over 20 years, I can still be denied the right or means to defend myself/family because of the state of N.J. although I have never lived in that state and the event happened more than 34 years ago. Welcome to America.
Expert:  Roger replied 7 years ago.

It is possible to have your record expunged. The following link is the law on expungements: http://www.recordgone.com/statutes/new_jersey_expungement_statute.htm

 

If you qualify, you should contact an attorney about getting this done. If the conviction is removed from your record, you would be able to purchase a firearm.