NJ Charged In New Jersey With Possession of an Out of State Gun? Lawyers

Charged in New Jersey with Possession of an Out-of-State Gun? – Legal Implications

Being charged with possession of an out-of-state gun in New Jersey can lead to serious legal consequences. Even if you legally own the gun in your home state, bringing it into New Jersey without proper permits is illegal. I know this can be confusing and scary if you’ve been arrested. This article will break down the laws, penalties, and defenses so you understand what you’re facing.

The Laws on Out-of-State Guns in New Jersey

There are a few key laws that apply here:

• It’s illegal to possess a handgun in New Jersey without a permit, even if you have a permit from another state. This is considered a second-degree crime.
• Possession of rifles and shotguns without a New Jersey firearms purchaser identification card (FID) is a third-degree crime.
• There are exceptions for transporting firearms through New Jersey under certain conditions, but you must follow strict guidelines.

Bottom line – you can’t just cross state lines into New Jersey with a gun you legally own elsewhere. You need to get the proper New Jersey permits first.

Penalties for Possessing an Out-of-State Gun in New Jersey

The penalties really depend on the specific circumstances, but in general:

• Possession of a handgun without a permit is a second-degree crime punishable by 5-10 years in prison.
• Possession of rifles or shotguns without an FID card is a third-degree crime with 3-5 years in prison.

There are also fines up to $15,000 for second-degree crimes and $7,500 for third-degree. Your gun will be seized and you’ll lose the right to own firearms in New Jersey in the future. And these sentences usually come with a mandatory minimum – meaning you have to serve at least a certain amount of time before you’re eligible for parole.

Defenses to Out-of-State Gun Charges

There are a few legal defenses that could potentially get your charges reduced or dismissed:

• You didn’t knowingly possess the gun – For example, it was left in your car by someone else.
• You were exempt from permit requirements – Active military members, for example, may have more leeway.
• You were traveling through NJ and followed transport laws – Locked container, unloaded, inaccessible to occupants, etc.
• You had no intention to use the gun unlawfully – If you had no ill intent, penalties may be lighter.

A skilled New Jersey gun crimes defense attorney can review the details of your case and build an argument around one of these defenses if they apply.

What Should You Do if Charged with an Out-of-State Gun Crime?

Here are some tips if you find yourself in this situation:

• Remain silent and politely decline to answer police questions until you have a lawyer present. What you say can be used against you.
• Hire an experienced criminal defense attorney as soon as possible. Don’t try to navigate this alone.
• Your lawyer can negotiate with prosecutors or argue to get charges reduced or dismissed based on the circumstances.
• If convicted, your attorney can advocate for the lightest sentence possible.
• Be proactive and show the court you’re taking steps to get the proper permits and comply with the law going forward.

The bottom line is – do not take these charges lightly. The penalties are severe. The best thing you can do is get experienced legal counsel on your side quickly.

Frequently Asked Questions

Can I ever own a gun again if convicted of this crime in New Jersey?

Maybe, but it’s an uphill battle. New Jersey prohibits anyone convicted of a felony from owning firearms. You would have to get the charge expunged from your record or obtain an exemption. An attorney may be able to help you petition for an exemption after a period of time.

What if I had no idea it was illegal to bring my gun into NJ?

Unfortunately, ignorance of the law is not a valid defense in court. You are still responsible for knowing and following gun laws. That’s why it’s critical that gun owners understand the laws in each state they travel through.

Can I transport my gun if I’m just driving through New Jersey?

Yes, but there are very specific rules you must follow: the gun cannot be loaded, it must be stored in a locked container where occupants can’t access it, and you can only stop for necessities like food and gas. There are also restrictions on which routes you can take. Violating any transport rules means big trouble.

What if I have a concealed carry permit from another state?

Out-of-state concealed carry permits are not valid in New Jersey. You must have a New Jersey permit to carry concealed handguns in public places within the state.

How can I restore my right to own guns in New Jersey after a conviction?

You would need to petition the Superior Court of New Jersey to restore your gun rights. The court will conduct a hearing and make a determination based on the circumstances. It’s a long process that could take years, but an attorney can guide you through the steps.

Being arrested for an out-of-state gun charge in New Jersey is scary. But understanding the laws and penalties allows you to make smart choices if you find yourself in this situation. An experienced criminal defense lawyer can fully evaluate your case and help you build the strongest defense.