Your right to own a gun is established within the Second Amendment of our Constitution. However, even though gun ownership is considered a constitutional right, guns are heavily regulated. You must apply to obtain a gun permit in New Jersey and meet various criteria and conditions. If you provide false or misleading information in your application, you could be in big legal trouble.
Lying on a gun permit application is a crime. The government has a significant interest in keeping guns away from people who are potentially dangerous or unstable and relies on the honesty of applicants when determining who gets a permit. You could be criminally charged with several offenses if you lie on your gun permit application.
If you provided false information when applying for a gun permit, you should speak with a lawyer immediately. The sooner our Atlantic City criminal defense attorneys can straighten out the situation, the better. Contact our team at the Lombardo Law Group, LLC for a free case review. Call us at (856) 281-9600 for assistance.
Criminal Charges for Lying on a Gun Permit Application in NJ
The state depends on citizens reporting accurate information when applying for a gun permit. When people lie on their applications, we risk providing gun permits to people who should not have access to dangerous weapons. There are multiple possible criminal charges for people who lie on their gun permit applications. Our New Jersey weapons charges defense attorneys can advise you on your charges.
False Application
There is a unique criminal charge specifically for people who lie on gun permit applications. You may be charged under N.J.S.A. § 2C:39-10 for making a false application. According to the law, a person who knowingly provides false or misleading information to obtain a purchaser ID card or a permit to carry, purchase, or possess a gun may be charged with a third-degree crime.
Obstruction of the Administration of Justice
When a person lies to obtain a gun permit, they are essentially preventing the state from doing its job to keep guns in safe hands. As such, you may be criminally charged with obstruction of the administration of the law under N.J.S.A. § 2C:29-1. Obstruction charges may be applied in any instance of interfering with government duties. For lying on a gun permit application in New Jersey, you could be charged with a disorderly persons offense.
Unlawful Possession
If your false application is successful and you obtain a gun permit, and you use your permit to buy a gun, you could be charged with unlawful possession of weapons under N.J.S.A. § 2C:39-5. The gun permit is not considered lawful and valid if you lied on your application, any gun or weapon you possess under the permit may be equally unlawful, and you could be charged with a second or third-degree crime based on what kind of weapon you had. If you falsely obtained a gun permit as a person restricted from owning or possessing a gun under N.J.S.A. § 2C:39-7, you might face additional charges.
Reasons People Lie on Gun Permit Applications in NJ
The reasons people lie on gun permit applications do not matter when it comes to assessing criminal charges. As long as you knew the information you provided was false, you may be charged with numerous offenses. Some defendants think that they can avoid criminal penalties if their reasons for lying are somehow justified. While you may be able to defend yourself against the charges, there is rarely a circumstance where intentionally lying to the government can be justified.
Many gun permit applicants lie because they know they would otherwise be denied a permit. As mentioned above, certain people may be restricted from having a gun. People with criminal backgrounds, mental health issues, or substance abuse problems could be restricted from having guns. People frequently lie about their past on gun permit applications because they know they are restricted and will be denied if they tell the truth.
Unfortunately, many defendants are charged because they submitted false information by mistake. Perhaps you mixed up a few digits in your social security number or listed an old address on accident. While you may defend yourself, you may need to prove your false application was accidental. Our Linwood criminal defense lawyers can help you prove your actions were accidental and not intentional.
What Should I Do if I Accidentally Gave False Info on an NJ Gun Permit Application?
If you were criminally charged for lying on a gun permit application, but your “lie” was just an error, you might be feeling scared and overwhelmed. Law enforcement will not simply drop your charges because you claim the situation is a big misunderstanding. You will need to prove you did not intentionally lie. Our Egg Harbor Township criminal defense attorneys can help you demonstrate that the misinformation on your gun permit application was a mistake, not intentional.
You might have a defense to charges for filing a false application if you did not knowingly provide the false information. The statute requires that the defendant make a false application knowingly, meaning they must have known they were submitting false information to obtain a gun permit. If you submitted the false information by mistake, you can argue that the false application was made unknowingly, so you should not be charged.
Once you become aware of the mistake, hire an attorney and contact the authorities immediately. The longer you know about the mistake and do not report it or make attempts to rectify it, the more likely your charges will stick. If you decide to accept the gun permit even though it was granted based on a false application, the government may be more inclined to believe you knew about the lie from the start. Even if you did not knowingly submit the false information, you could still be guilty if you did not report the mistake once discovered.
Call Our NJ Gun Charges Defense Lawyers
Our Mays Landing criminal defense attorneys can assist you if you are charged with lying on your gun permit application or related crimes. At the Lombardo Law Group, LLC, we can perform a free case review and get you on the right path. Call our firm at (856) 281-9600 for help now.
