May an expungement help a person with a mental health commitment record to lawfully possess firearms?
Yes. Because an expungement removes the commitment and the commitment is deemed not to have occurred, the expungement has the effect of removing the disqualification placed upon a person from purchasing or possessing firearms under the firearm licensing law of N.J.S. 2C:58-3(c) and under the firearm possessory law of N.J.S. 2C:39-7. NOTE: A State expungement also removes the Federal disqualification for convicted felons purchasing or possessing firearms. At one time, an individual needed a Federal relief from disabilities even though they had a State expungement. Under the 1986 Gun Owners Protection Act, this was changed so that the Federal government recognizes State expungement. This expressed recognition may be found under U.S.C.A. Title 18, 921 (a)(20). Expungement of an otherwise qualifying offense also removes a person from being subjected to the Lautenberg Domestic Violence Misdemeanor Gun Ban. Expungement has now taken on an even greater significance with the advent of NICS (Na
