Ramifications for False Information on a Gun Permit Application
Charges for Lying on a Permit for a Firearm in Bergen County, New Jersey
When it comes to gun control and criminal liability for gun law violations, New Jersey is among the strictest in the nation. New Jersey requires every person who seeks to possess or purchase a gun in the state to obtain a gun permit. In order to prevent guns from reaching the hands of individuals who may use them criminally, recklessly, or without care, New Jersey law prohibits certain individuals from obtaining a gun permit like those who have a criminal record of certain types of offenses, including domestic violence or have been committed to a mental institution.
The administrative procedure for obtaining a gun permit relies on the honesty of applicants. To ensure and incentivize applicant’s to submit only truthful information on their gun permit applications, New Jersey law punishes those who knowingly submit false information severely.
In this article, we will provide an overview of the possible legal repercussions of lying on a New Jersey firearms permit application, associated criminal charges that could be applied, additional collateral consequences, and what to do if you lied on an application or are accused of lying on a New Jersey gun application. If you have been arrested or charged with making false statements or answering wrongly about key information on a permit for a firearm in Bergen County, contact our Hackensack office at (201)-330-4979 to talk to a lawyer free of charge about how we can help.
Legal Repercussions for Providing False Information on a Firearms Permit Application in New Jersey
Under N.J.S.A. 2C 39:10c it is illegal to knowingly make a false statement or provide a false name or address on a firearm permit application. These applications are processed by New Jersey State Police, who run the information through a database that may identify false information based on inconsistencies. Individuals who violate this law may be charged with a third degree indictable offense. The penalties for submitting false information on a gun application, in violation of N.J.S.A. 2C 39:10c, include fines of up to $15,000 and imprisonment of up to 5 years.
Associated Ramifications for Lying on a NJ Gun Permit Application
In addition to charges under N.J.S.A. 2C 39:10c, individuals who lie on their New Jersey gun permit application may also face criminal charges for the obstruction of the administration of law as a result of their misrepresentations during the permitting process. If an individual lies on a gun application, is granted a firearm permit, and obtains a firearm on the basis of that permit, they may also be charged with unlawful possession of a firearm because a gun permit that is obtained through fraudulent means by providing a false statement is invalid and void. Therefore, any firearms obtained through that invalid and void gun permit were not actually obtained legally and can expose the individual to unlawful possession charges. The penalties, if convicted, vary depending on the type of firearm. Unlawful possession of most shotguns or rifles is a third degree offense that carries potential prison time of 3 to 5 years and fines up to $15,000. It is a second degree offense to unlawfully possess an assault weapon, handgun, or machine gun. This offense carries penalties of 5 to 10 years in prison and fines of up to $150,000.
What Happens with Involuntary Errors When Filling out Gun License Forms?
In order to be held criminally liable for lying on a gun permit application, the prosecution must prove that you made a false statement knowingly. If it was truly a mistake, you should be prepared to present this argument in court. If you have not been charged with a crime, but a mistake on your application has come to your attention, it is best to quickly contact a criminal defense attorney and make a proactive effort to correct the application. Taking measures to identify and correct your mistake will go a long way in demonstrating that the mistake was inadvertent and you did not make the statement knowingly or intentionally.
Issues with Gun Permit Validity If You are Found to Have Lied on Application
The word “lying” implies knowledge or intention behind a false statement, which would make you guilty of violating New Jersey law. If you are found to be in violation of N.J.S.A. 2C 39:10c, and your application is still pending, it will be denied. If the application had already been approved and you were issued a firearms permit, that permit will be invalid.
Arrested for Lying on a Gun Permit Application in NJ, What are my Options?
If you have been charged with lying on a gun permit application, your main objective should be to avoid a conviction. The prosecution will have to prove its case against you beyond a reasonable doubt. This involves proving each element of the offense, including the element of mens rea, or your level of intent, that you knowingly made the false statement, used a different name, or included the wrong address. Even if the information was, in fact, inaccurate, you may be able to avoid the penalties for a conviction under N.J.S.A. 2C 39:10c, presenting evidence that you did not have knowledge of the misstatement or believed the information to be true.
Contact our Hackensack Gun Defense Lawyers for Immediate Assistance with False Representation Charges
What may have been a mindless mistake or the product of distraction could lead to serious prison time, a criminal record, and the loss of your firearm when you make a false statement on a New Jersey firearm permit application. Additional charges like obstruction or unlawful possession of a weapon may also apply. If you believe you may have submitted a firearms permit application that contained a mistake or you have been accused of lying on a gun permit application, then it’s important to contact a criminal defense attorney right away. Call us today for a free consultation about your gun case anywhere in Bergen County, including Teaneck, Paramus, Rutherford, Palisades Park, Lyndhurst, Garfield, Ridgefield, Mahwah, or elsewhere in New Jersey. We provide immediate assistance by contacting us at (201)-330-4979 and have successfully defended and assisted thousands of clients facing issues involving weapons, gun permits, and overlapping legal matters like firearm permit appeals.