NJ Virginia Gun Owner Arrested Unlawful Possession in New Jersey Lawyers

| by Max Soni

Last Updated on: 24th September 2023, 12:37 am

Out-of-State Gun Owners and NJ Unlawful Possession Charges

Many out-of-state residents are arrested each year in New Jersey for unlawful possession of firearms. Differences between state gun laws, reciprocity agreements, and transport rules make it easy for legal gun owners from places like Virginia or Florida to run afoul of New Jersey’s strict weapons statutes.

In this article, I’ll explain issues that out-of-state gun owners face in NJ, strategies for avoiding charges, and viable defenses if you are arrested. The goal is to help legal gun owners from other states understand how to navigate New Jersey’s complex laws.

How Out-of-State Gun Owners Get Charged in New Jersey

There are a few common ways that out-of-state gun owners get arrested for illegal possession when entering New Jersey[1]:

• Bringing a legally owned handgun or firearm into NJ without knowing possession is unlawful here
• Incorrectly transporting a firearm loaded or accessible in a vehicle
• Not having the proper NJ carry permits for the weapon
• Thinking an out-of-state concealed carry permit is reciprocated in NJ (most are not)

Hundreds of residents of Virginia, Florida, Pennsylvania, and other states are charged each year despite having no intention of breaking the law[2]. New Jersey’s firearms laws are notoriously strict and complex compared to other states.

Penalties for Unlawful Gun Possession in New Jersey

Like possession of prohibited weapons, illegal possession of a firearm is a serious criminal offense in New Jersey. Potential penalties for out-of-state residents include[3]:

• 3-5 years in NJ state prison
• Permanent criminal record
• Loss of future gun rights
• Deportation for non-citizens

These severe consequences make building an aggressive legal defense critical for out-of-state gun owners.

Defending Against Unlawful Possession of a Firearm in NJ

While ignorance of New Jersey’s laws is not a defense, experienced criminal defense lawyers can often get charges reduced or dismissed by arguing[4]:

• You attempted to follow transport laws but made an honest mistake
• You were eligible for an exemption such as hunting or target shooting
• You were traveling through NJ and fell under federal safe passage protections
• The police violated your rights in the search or seizure of the firearm

An attorney may also negotiate dismissal of charges in exchange for voluntary forfeiture of the firearm and avoiding future issues.

How to Avoid Unlawful Possession Charges as an Out-of-State Gun Owner

The best way for legal out-of-state gun owners to avoid issues when traveling to or through New Jersey is to[5]:

• Understand NJ laws on possession, transport, and reciprocity
• Leave firearms at home if permanently relocating to NJ
• Transport unloaded firearms in a locked case in the trunk
• Fly instead of driving and declare firearms to airline
• Apply for a NJ carry permit or hunting exemption if eligible

Consulting with a qualified New Jersey gun law attorney can also help identify potential issues before entering the state.

Let a NJ Gun Crimes Lawyer Help Your Defense

The gun crime defense lawyers in my firm have extensive experience representing out-of-state residents charged with illegal firearm possession in New Jersey. We understand the complexities these cases present and how to effectively defend your rights.

Don’t leave your future to chance. If you have been arrested for unlawful possession of a firearm in New Jersey, contact us today. Our attorneys are here to help.