Serving Clients across Northern New Jersey with offices conveniently located in Hackensack and Whippany
According to a 2016 report by Everytown, 4.5 million women in the United States have had an intimate partner threaten them with a gun. The Center for Disease Controls reports that 53% of the killings of American women are related to intimate partner violence, with a significant majority of the victims dying at the hands of a current or former romantic partner. Furthermore, domestic assaults are as much as 12 times more likely to end in murder if a gun is involved. Moreover, the simple presence of a gun in a home makes it five times more likely that an incident of domestic violence will end in murder.
However, perpetrators of domestic violence account for only roughly 10% of all gun violence. With that said, 54% of perpetrators of mass shootings between 2009 and 2016 had some history of domestic violence in their past. It is important to note that while mass shootings are sensationalized by the media they represent only a very small percentage of all gun violence in America according to the Washington Post.
If you or a loved one have been convicted of domestic violence and/or are facing revocation of a gun license due to a final restraining order, contact the Family Lawyers at Townsend Tomaio & Newmark today for a free and confidential consultation to protect your rights. We handle cases for victims of domestic violence and those accused or convicted of the crime across Northern New Jersey, with offices conveniently located in Hackensack and Whippany, New Jersey. Call (201) 397-1750 today!
Felony Domestic Violence and Guns Laws in New Jersey
Some of the toughest gun laws in the United States have been enacted in New Jersey. With the 2nd Amendment being a cherished right here in America, this has always been the cause of intense debate. New Jersey law bans anyone who is has committed felony domestic violence from purchasing or possessing a firearm. In 2015 the State Legislator tried to go one step further and ban firearm possession by those who have been convicted of misdemeanor domestic violence or subject to domestic violence protection orders. In fact, the State Legislator almost overrode a veto by Governor Christie.
The proposed bill would have required prosecutors to inform domestic violence victims that they have the ability to seek revocation of a defendant’s firearms ID cards and purchase permits as well as require forms for filing domestic violence restraining to allow a victim to detail the defendant’s access to firearms. In addition, authorities would have been obligated to search a registry of domestic violence reports before issuing gun purchase permits and require those subject to domestic violence restraining orders to immediately turn in their guns.
As mentioned, Governor Christie vetoed this bill stating his belief that it was an infringement on the 2nd Amendment. Instead Governor Christie proposed that the Legislature draft a law that would expedite the process for domestic violence victims to themselves seek guns to protect themselves. The Legislature declined to do so. However, in 2017 Governor Christie did sign a law that prohibited people convicted of a domestic violence crime or subject to a domestic violence restraining order from possessing a firearm and required anyone convicted of a domestic violence crime to sell or surrender their firearms
Guns Laws and Restrictions Increase in New Jersey
Gun groups such as The National Rifle Association have consistently opposed the enactment of stricter gun controls, even of those accused of domestic violence, stating that the Second Amendment right to bear arms should not be limited, particularly based on an accusation without a conviction. However, the gun control debate has nonetheless continued in New Jersey.
The election of Governor Phil Murphy has revived bills that failed to be signed by Governor Christie. In fact, Governor Murphy has already signed six laws that have made New Jersey’s gun laws even more restrictive. These include laws that require a mental health professional to warn law enforcement if a patient threatens serious violence against themselves or others; allow for an extreme risk protective order if a court finds someone is a significant danger to themselves or others and laws that obligate background checks for private gun sales. Furthermore, legal magazine capacity has been lowered from 15 rounds to just 10. In addition, residents are required to show a “justifiable need” to get a carry permit. Needless to say that these measures have been met with staunch opposition by gun owners and enthusiasts who feel that restricting legal gun ownership in no way helps to deter gun violence by criminals.
Contact a Hackensack, New Jersey Domestic Violence Law Firm Today
The Partners at Townsend Tomaio & Newmark lead the firm practicing Family and Divorce Law exclusively. All Partners have been honored by their inclusion in the New Jersey Monthly Super Lawyers List for several years*. They lead the boutique firm in handling custody, support, alimony, divorce, and domestic violence cases across Northern, New Jersey.
With offices conveniently located in Hackensack and Whippany, Townsend Tomaio & Newmark have represented clients in Paramus, Hackensack, Hasbrouck Heights, Edgewater and across Bergen County, New Jersey. Don’t wait! Call us today or fill out an online contact form to schedule a free initial consultation with one of our highly trained family lawyers. Protecting the rights of yourself and your family is not something to delay.
* Our attorneys have received the honor of being included in the Super Lawyers and/or Super Lawyers Rising Stars list(s) published by Thomson Reuters, relative to being divorce attorneys. Their dates of inclusion are noted on the individual attorney pages. The qualifications or requirements for being included on said list can be viewed here.