NJ Possession of an Illegal Rifle or Shotgun Lawyers

| by Max Soni

Last Updated on: 24th September 2023, 02:47 am

Fighting Unlawful Handgun Possession Charges in New Jersey

Being charged with unlawful possession of a handgun in New Jersey is scary. These allegations can threaten your reputation, freedom, and future if not properly defended. Here in New Jersey, handgun charges should never be taken lightly.

In this article, I’ll explain what constitutes unlawful handgun possession under NJ law, potential penalties, and viable defense strategies. My goal is to help you understand your rights and options if facing these serious criminal charges in New Jersey.

Unlawful Handgun Possession Laws in New Jersey

The main New Jersey statute covering unlawful handgun possession is 2C:39-5. Under this law, it is illegal to possess a handgun without first obtaining a permit to carry or possess firearms[1].

You must have a valid firearms purchaser identification card (FPIC) or handgun carry permit to legally possess a handgun in NJ. Inheriting, finding, or temporary handling of a handgun without a permit can still lead to charges.

Penalties for Unlawful Handgun Possession Convictions in NJ

Illegal handgun possession is categorized as a 2nd degree felony offense in New Jersey. Potential penalties upon conviction include[2]:

• 5 to 10 years in NJ state prison
• Up to $150,000 in fines
• Permanent criminal record
• Loss of future gun rights

Probation with up to 364 days in county jail may be available for first-time offenders with no serious prior record. But the consequences are still very severe compared to other states[3].

Defending Against Unlawful Handgun Possession Charges in NJ

While handgun possession charges may seem straightforward, viable defenses often exist. An experienced criminal defense lawyer could potentially argue[4]:

• You did not actually or constructively possess the handgun
• You reasonably believed you had a valid permit
• The handgun was inoperable or an antique
• The police violated your rights in seizing the handgun

An effective defense requires aggressively contesting the prosecution’s evidence and legal interpretations. For example, arguing the handgun was legally owned and stored at your residence[5].

Why Hiring an Attorney is Crucial

Attempting to defend yourself against unlawful handgun possession charges is extremely risky. These cases often come down to complex legal arguments regarding possession and intent. A skilled attorney can help by[6]:

• Filing motions to suppress illegally seized handguns
• Negotiating dismissal or reduction of charges
• Guiding you through the complex NJ gun permit process
• Avoiding mandatory minimum prison sentences

Navigating New Jersey’s strict handgun laws on your own is very difficult. Before speaking to police or prosecutors, be sure to consult an attorney to protect your rights.

Let Our Attorneys Help Fight Your NJ Handgun Charges

Defending against unlawful handgun possession allegations in New Jersey requires experienced legal representation. Our team of criminal defense attorneys includes experts in firearms law with a proven record of successfully defending 2C:39-5 charges. Let us review your case and build the strongest defense.

Don’t leave your future solely in the hands of prosecutors – make sure your rights are protected. Contact our office today to schedule a free consultation. There are options in these cases and we can help you identify the best legal strategies.