J Moore Law LLC: Gun Charges in New Jersey

It is very easy to find yourself facing criminal charges related to the ownership or possession of a firearm in New Jersey. Firearms offenses are aggressively prosecuted, and you should consult with an experienced New Jersey criminal defense attorney if you have been charged. Gun charges in New Jersey are serious and can have major consequences if the laws are not followed. Additionally, gun laws are constantly changing in the state. If you find yourself facing a gun charge in New Jersey you should retain the services of an experienced New Jersey Criminal Defense Lawyer. Reach out to J Moore Law LLC to speak to help you navigate and defend against any and all gun charges in NJ.

COMMON GUN CHARGES IN NEW JERSEY

The penalties for a gun charge in new jersey is up there with some of the strictest in the nation. There are numerous offenses that carry significant penalties. Additionally, the penalties and conduct that is able to be punished is always expanding. Below are just some of the few of the weapon charges in New Jersey you may face.

• Possession of a Weapon for an Unlawful Purpose, such as Robbery or Assault
• Possession of a Firearm by a Juvenile
• Use of a Gun in a Federal Drug Crime
• Failure to Surrender a Gun while on Conditional Release or after a Domestic Violence Arrest
• Certain Persons Not to Have Weapons Offenses.
• Possession of a Firearm for Unlawful Purpose
• Possession of a Firearm in a Motor Vehicle
• Possession of a Handgun without a Permit or License
• Possession of a Rifle or Shotgun Without a Permit or License
• Possession of a Weapon During the Commission of a Crime
• Possession of a Weapon or Firearm at an Educational Institution
• Possession of a Weapon or Firearm During Commission of a Drug Offense
• Unlawful Possession of a Weapon, such as Gun Possession by a Convicted Felon or while on Probation or Parole
• Offenses involving a BB gun, Airsoft Gun or Paintball Gun
• Illegal Weapons
• Imitation Firearm Offenses

Possession Charges

Possession of a Weapon for an Unlawful Purpose

In New Jersey, it is a crime to possess a firearm with the purpose or intent to use it in an unlawful manner against another person or their property. Such possession is a second-degree crime and is punishable by 5 to 10 years in prison. If used during the course of a robbery, kidnapping, assault, or other serious violation, then you are subject to the No Early Release Act, where you must serve 85% of your sentence.

Possession of a Weapon while in Possession of a Controlled Dangerous Substance

Gun charges in New Jersey include those who possess any firearm while conducting drug dealing activities. If you are arrested for possession of a firearm, while in possession of a controlled dangerous substance, with intent to distribute, you are guilty of a second-degree crime. This is punishable by 5 to 10 years in prison. In addition, you will be subject to a minimum time in confinement without parole eligibility.

Unlawful Possession of a Handgun

Unlawful possession of a weapon can be charged to any person who knowingly has in his possession any handgun, including any antique handgun, without first having obtained a permit to carry. Normally unlawful possession of a gun is a crime of the second degree. However it can be a third degree crime if the handgun is an air gun, spring gun, or other weapon in which what shoots the item is a spring, elastic band, carbon dioxide, compressed or other gas or vapor, air or compressed air, or is ignited by compressed air, and ejecting a bullet or missile smaller than three-eighths of an inch in diameter, with sufficient force to injure a person.

Possession of a Rifle or Shotgun

Possession of a rifle or shotgun without first having obtained a firearms purchaser identification card is a crime of the third degree.

Certain Persons not to have Weapons

One of the many weapons charges in New Jersey is “Certain Persons Not to Have Weapons.” This offense, outlined in N.J.S.A. 2C:39-7 of the New Jersey Criminal Code, criminalizes prohibited persons’ possession of a weapon. A prohibited person in New Jersey is someone who has previously been convicted of a felony or someone who has previously been institutionalized for a mental illness. Notably, a prior felony conviction does not have to have occurred in New Jersey, but can occur anywhere in the United States. A background check will access a federal database during the firearms application process, revealing any previous convictions, which will then prevent a gun ownership permit from being issued. If you meet the criteria for “certain persons” and are found in possession of a firearm or other prohibited weapon, you may face two separate criminal charges: unlawful possession of a weapon and a “Certain Persons” offense. These are extremely serious charges, with harsh penalties including incarceration in New Jersey State Prison for those convicted.

How can I drive with my handgun and not get in trouble?

Even if you have a purchaser’s permit for your handgun, if you are driving with it and it is not being transported the right way you can still be charged with an Unlawful Possession of a Weapon charge if you do not have a permit to carry.

To transport your gun:

Firearms shall be carried unloaded and contained in a closed and fastened case, gunbox, securely tied package, or locked in the trunk of the automobile in which it is being transported.  If the vehicle does not have a compartment separate from the passenger compartment, the firearm and or ammunition shall be in a locked container other than the vehicle’s glove compartment or center console and kept farthest from the driver.

As a precaution, ammunition shall be transported in a separate container and locked in the trunk of the automobile in which it is being transported.  Ammunition magazines may remain loaded during transportation and shall be carried separate from the firearm.

 

FIRST OFFENSE GUN CHARGE IN NEW JERSEY, WHAT AM I FACING?

The normal penalties for violating New Jersey’s gun possession laws depend on the offense. Illegal gun possession penalties range from a crime of the fourth degree to a crime of the second degree. The potential sentences for these degrees of crime are:

• Fourth degree: up to 18 months imprisonment and up to a $10,000 fine
• Third degree: 1 to 5 years imprisonment and up to a $15,000 fine
• Second degree: 5 to 10 years imprisonment and up to a $150,000 fine

However, someone who faces their first offense gun charge in New Jersey may have a chance, and with a strong New Jersey Criminal Defense Lawyer, an argument to either receive a Graves Act Waiver or admission into PTI. Admission into Pretrial Intervention would mean upon successful completion of the probation-like program your charges would be dismissed. A waiver for the harsh penalties of the Graves Act may mean a probationary sentence is possible. The waiver may also only be granted to reduce the mandatory minimum term of imprisonment to one year.

Who can own a gun in New Jersey?

The first step in acquiring a firearm is to apply for and receive a Firearms Identification Card (FID). The FID will allow you to obtain rifles and shotguns without a separate gun permit and a handgun with a separate permit. You may have a legal firearm in your home or place of business with the FID. You may also transport a firearm from one location to another as long as it is kept in a locked container, the bullets are removed from the magazine, and both are kept separate from the handgun.

Also, every person issued a permit to purchase a handgun, or a firearms purchaser identification card, shall be 18 years of age and of good repute in the community in which he lives.

 

Possession of a handgun in New Jersey without a FID and a permit is a second-degree crime punishable by 5 to 10 years in state prison, according to N.J.S. 2C:39-5(b). Possession of a shotgun or rifle without a FID is a third-degree crime punishable by 3 to 5 years in state prison, according to N.J.S 2C:39-5(c).

Who cannot own a gun in New Jersey?

In New Jersey, the following individuals are prohibited from obtaining or possessing a firearm:

• Any person convicted of a crime or disorderly conduct involving domestic violence.
• Anyone who is addicted to drugs.
• A person who is considered a drunkard
• Unless a psychiatrist says otherwise, any person committed to a mental institution or who has ever been confined for a mental disorder.
• Unless a doctor says otherwise, any person suffering from a physical defect or disease in which possession of a firearm would be dangerous.
• Anyone under the age of 18 for all firearms and under the age of 21 for handguns.
• Anyone who is on the terrorist watchlist.
• Anyone who has had a firearm seized under the Domestic Violence Prevention Act.
• Anyone found guilty of a crime under N.J.S. 2C:43-7.2, including minors. All people who are not allowed to own a firearm are also not allowed to own or possess ammunition. Federal and state restrictions on the transfer and possession of ammunition must be considered.

What is the Graves Act?

New Jersey has some of the strictest gun laws in the country. Remember that your gun permit, even if it is from a neighboring state such as Pennsylvania or New York, is not valid in New Jersey. Even if this would be a first offense gun charge in New Jersey you are committing a serious crime if you cross the bridge into NJ with a gun without a license. The Graves Act is the primary statute governing the unlawful or illegal use of a firearm. The following crimes are punishable by a mandatory minimum state prison sentence under N.J.S.A. 2C:43-6(c):

Illegal possession of a machine gun, a handgun, a rifle, or a shotgun

Being in possession of a sawed-off shotgun

Possession of a tampered with firearm

Possession of a firearm while committing a drug distribution or possession offense

Possession of certain weapons by someone who has previously been convicted of a specific offense

 

Parole Ineligibility

You are guilty of a second degree offense if you are convicted under New Jersey statute 2C:39-5(b). A judge has no discretion and must sentence you to 5-10 years in state prison in New Jersey. Because you are ineligible for parole for at least three years, you must serve at least three years of this sentence. If this is your second attempt, you face a 5-10 year mandatory minimum sentence with no parole eligibility until you complete that 5 year minimum.

Despite the Graves Act’s mandatory minimum sentences, a person can avoid jail in certain circumstances. A person charged under the Graves Act is still eligible for Pre-Trial Intervention (PTI) or probation, but both of these programs require the Prosecutor’s Office’s approval. While prosecutors in New Jersey cannot categorically deny a PTI application, they will usually refuse to consent to a PTI disposition unless the case involves extraordinary or compelling circumstances. Some circumstances that would qualify a person for PTI include having no prior criminal history and obtaining the weapon legally in another state. Again, the Prosecutor’s office would consider probation only if the person had no prior criminal history, the gun was unloaded, and the gun posed no risk to the public.

 

Graves Waiver

A defense attorney can also negotiate for a “Graves Waiver,” which would reduce the minimum turn of parole eligibility from three years to as little as one year. A Graves Waiver, like PTI and probation, would require the Prosecutor’s Office’s approval. Approval of a Graves Waiver would necessitate the office taking into account all mitigating and aggravating circumstances surrounding the incident.

While PTI, probation, and a Graves Act Waiver are all potential non-trial disposition channels, a person is still presumed innocent. If a case goes to trial, the prosecution must prove beyond a reasonable doubt that the defendant not only possessed a firearm, but also possessed it for an unlawful purpose. While a criminal indictment is not required to identify a specific unlawful purpose, jury instructions following a trial must include guidance informing a jury that it must find an unlawful purpose in order to convict a person.

An unlawful purpose may be easier to prove in a robbery or burglary case, but it may be more difficult to prove in cases where a person is simply in actual or constructive possession of a gun. Actual possession means the person had the firearm on them, whereas constructive possession means the firearm was in their immediate control. If you are charged with a gun crime in New Jersey, you should take it seriously and consider all of your options, including going to trial.

Defending gun charges in New Jersey

Regardless of what happened prior to or during your arrest or indictment on weapons charges, New Jersey courts must grant you the presumption of innocence until a court determines guilt beyond a reasonable doubt. You have a constitutional right to an aggressive legal defense that works to cast doubt on the charges against you and resolve your case in your favor.

Some potential ways we can fight gun charges in New Jersey would include:

Challenging warrantless search and seizures

Search warrant challenges

Research and challenge to verify if any exceptions or exclusions to the weapons transport apply

Challenges to illegal arrests

Improper stops

Miranda Rights violations

Issues with State’s assertion of actual or constructive possession of the firearm

False or impeachable evidence or other issues with the credibility of State’s witnesses or evidence

If you are facing weapons charges in New Jersey you want a New Jersey Criminal Defense Lawyer with experience fighting these types of offenses on your behalf. Please reach out and contact J Moore Law LLC, an experienced New Jersey Gun Lawyer.

 

HOW J MOORE LAW LLC CAN HELP YOU IN OTHER CASES

J Moore LLC provides free consultation on various legal issues like

• DUI
• Domestic Violence
• Assault
• Gun Charges
• Drug Crimes
• Traffic Ticket

And many others.

We practice locally in areas like:

• Camden
• Collingswood
• Cherry Hill
• Gloucester Township
• Winslow
• Pennsauken
• Voorhees
• Lindenwold
• Haddon Township
• Gloucester County
• Burlington County

And all other locations throughout New Jersey!