NJ Gun & Weapon Offenses Lawyers

NJ Gun & Weapon Offenses Lawyers

Hey there! Dealing with gun and weapon charges in New Jersey can be scary and confusing. But don’t worry – this article is here to help explain the laws and give you a better understanding of the legal process. We’ll go over the different offenses, penalties, and defenses so you can make informed decisions if you’re facing charges.

Common Gun & Weapon Offenses

There are a range of gun and weapon offenses you can be charged with in New Jersey. Here are some of the most common:

• Unlawful possession of a weapon – Possessing any weapon for an unlawful purpose, like intending to use it illegally against another person[1].
• Possession of firearms for unlawful purpose – Possessing any firearm with intent to use it unlawfully against a person or property[1].
• Unlawful possession of a handgun – Possessing a handgun without having obtained a permit to carry from local law enforcement[1].
• Possession of firearms by prohibited persons – Possessing a firearm after being convicted of certain crimes, like robbery, or while subject to a restraining order[1].
• Manufacture, transport, disposition of assault firearms – Making, transporting, or selling assault firearms like semi-automatic rifles[1].

There are also offenses related specifically to permits and licenses, like carrying without a permit, giving false information on a permit application, or possessing a firearm without the required ID card[1].

Penalties for Gun & Weapon Offenses

The penalties you face depend on the specific offense you’re charged with. But generally:

• 4th degree crimes are punishable by up to 18 months in prison and a fine up to $10,000[1].
• 3rd degree crimes are punishable by 3-5 years in prison and a fine up to $15,000[1].
• 2nd degree crimes are punishable by 5-10 years in prison and a fine up to $150,000[1].
• 1st degree crimes are punishable by 10-20 years in prison and a fine up to $200,000[1].

In addition to jail time, you may face probation, community service, loss of firearms licenses, and forfeiture of any weapons involved[1].

Defenses for Gun & Weapon Charges

There are several legal defenses that a knowledgeable New Jersey gun crimes lawyer can use to fight the charges against you, like:

• Lack of intent – For many gun offenses, prosecutors must prove you intended to use the weapon unlawfully. Your attorney can argue you lacked this criminal intent[4].
• Self-defense – You can legally possess a weapon if it’s used in self-defense in your home or business[4].
• Coercion – If you were forced to possess or use a weapon against your will, this may provide a defense[4].
• Misidentification – If the weapon doesn’t match your description or records, your attorney can argue misidentification[4].

An experienced lawyer will thoroughly examine the evidence and your case to build the strongest defense.

Recent Changes to NJ Gun Laws

There have been some notable changes to New Jersey’s gun laws in recent years that you should be aware of:

• As of August 2019, the Extreme Risk Protective Order Act allows police to temporarily seize firearms from individuals deemed an “extreme risk” – for example, if they pose a danger to themselves or others[6].
• A June 2021 court order banned carrying firearms in certain sensitive places like schools, government buildings, hospitals, and public transportation[5].
• However, this ban was temporarily lifted in November 2022 by a court injunction after a legal challenge from gun rights groups[5]. The case is still ongoing.

As you can see, gun laws are evolving. A knowledgeable lawyer stays up-to-date on the latest changes and court rulings.

Finding the Right Lawyer

If you or a loved one is facing gun possession charges, it’s critical to have an experienced New Jersey firearms lawyer on your side. Look for someone who[2]:

• Focuses specifically on gun and weapons charges.
• Has successfully defended similar cases.
• Knows the prosecutors and judges handling your case.
• Can thoroughly examine the evidence against you.
• Will take the time to understand your situation and build the strongest defense.

Don’t take chances with your freedom – contact a dedicated gun crimes lawyer as soon as possible after an arrest. The initial consultation is often free.

What Happens After an Arrest

Being arrested for a gun offense can be scary. Here’s a quick overview of what you can expect next:

1. You’ll be fingerprinted, photographed, and formally charged.
2. Prosecutors have 90 days to indict you or the charges are dismissed[3].
3. You’ll appear before a judge who sets bail or conditions of release.
4. Your lawyer can negotiate with prosecutors, argue for bail/release, and start building your defense.
5. You’ll be formally arraigned and enter an initial plea (often “not guilty”).
6. Your lawyer will file motions and begin the discovery process to obtain evidence.
7. You’ll appear in court for status conferences and hearings leading up to trial.
8. Your lawyer may negotiate a plea deal or take your case to trial.

Having an attorney guide you through the process can make a huge difference in the outcome. Don’t go it alone.

Takeaways

• Gun possession charges must be taken very seriously, but a good lawyer can help.
• Penalties depend on the specific offense, ranging from fines to years in prison.
• There are viable defenses, like lack of intent, self-defense, and misidentification.
• An experienced attorney stays up-to-date on the evolving laws and court rulings.
• Act quickly to contact a knowledgeable gun crimes lawyer for the best chance at a positive outcome.

I hope this overview has helped you better understand New Jersey gun and weapons charges. Don’t hesitate to reach out to a lawyer for guidance and representation. Best of luck!

References

[1] Manual on NJ Sentencing Law

[2] Galantucci & Patuto – NJ Gun Crimes Lawyers

[3] ATF – New Jersey Firearms Statutes and Codes

[4] Helmer Legal – NJ Firearms Lawyer

[5] New Jersey Monitor – Where You Can and Can’t Take Guns in NJ

[6] NJ Attorney General – Extreme Risk Protective Order Act