NJ Florida Gun Owner Charged With Possession of an Illegal Handgun in New Jersey – What You Need to Know

Being charged with illegal gun possession can be scary, but there are defenses available. This article looks at the case of a Florida gun owner charged in New Jersey, the relevant laws, potential defenses, and what it all means.

The Charges

In this case, a Florida resident was arrested in New Jersey for having a handgun in their car – something that’s legal in Florida but not in NJ without the proper permits^[1]. They were likely charged with unlawful possession of a weapon under NJ criminal code 2C:39-5. This is a very serious 2nd or 3rd degree felony in NJ.

NJ Gun Laws for Out of State Visitors

NJ gun laws are among the strictest in the nation. Unlike Florida, you can’t just have a gun in your car without permits. There are very limited exceptions for transporting firearms, such as going hunting or to a shooting range. But in general, having an unlicensed gun in NJ is illegal, even if licensed in your home state^[2].

Exceptions

• Hunting – can transport hunting rifles/shotguns unloaded and cased
• Going to/from a shooting range – guns must be unloaded and in a closed case
• Moving to NJ – guns must be registered within 30 days

If you don’t fall under these exceptions, having a firearm in NJ requires a permit that’s very difficult to get. There are no reciprocity agreements recognizing carry permits from other states either.

Defenses

While the charges are serious, there may be defenses available:

Lack of “Knowing” Possession

If you can show you didn’t “knowingly” possess the gun, this could beat the charges. For example, if someone else left it in your car without your knowledge^[3].

No Intent to Use the Gun Unlawfully

If you can demonstrate you had no unlawful intent, such as self-defense, this may help^[4]. However, this can be difficult to prove.

Cooperation and Background

Cooperating fully with police and having an otherwise clean background with no criminal history can help negotiate a good plea deal with minimal penalties^[5].

Penalties if Convicted

Illegal gun possession is a very serious offense in NJ. Penalties can include^[6]:

• 3-5 years in prison
• Fines up to $15,000
• Permanent criminal record
• Loss of future gun rights

With a good lawyer, you may be able to get charges dismissed or reduced to probation instead of jail time.

Takeaways

The key takeaways from this case are:

• NJ gun laws are strict with few exceptions for visitors
• Unlicensed possession is a very serious felony charge
• Possible defenses include lack of knowledge or intent
• Penalties can be severe if convicted
• A skilled criminal defense lawyer can help navigate the complex laws and build the strongest defense

The laws can be confusing for out of state visitors, but a local attorney familiar with NJ courts and gun laws can make all the difference. Don’t take chances – consult an experienced lawyer immediately if facing charges.