NJ Possession of a Firearm by a Minor Lawyers

NJ Possession of a Firearm by a Minor Lawyers

In New Jersey, it is illegal for minors under the age of 18 to possess firearms or weapons. This law aims to prevent violence and accidental injuries involving guns among youth. However, there are exceptions, and defenses that a skilled juvenile criminal defense lawyer can use to fight the charges. This article will explain the NJ laws on possession of firearms by minors, penalties, and potential legal defenses.

New Jersey Laws on Possession of Firearms by Minors

The main New Jersey law dealing with possession of firearms by minors is N.J.S. 2C:58-6.1. This law states that no one under 18 can possess firearms, including handguns, rifles, shotguns, machine guns, or assault firearms. There are exceptions if the minor is engaged in activities like target practice, hunting, military service, or firearm instruction under adult supervision. However, these exceptions are narrow.

Another related law is N.J.S. 2C:39-4 which prohibits possessing firearms with intent to use them unlawfully against people or property. There is also N.J.S. 2C:39-5 which bans knowingly possessing weapons under inappropriate circumstances.

Penalties for Firearm Possession by Minors in NJ

The penalties for illegal firearm possession by minors depend on the exact charges and circumstances. In general though, it can be considered a 3rd degree felony in New Jersey. This can mean 3-5 years in prison and fines up to $15,000 for juveniles tried as adults. There may also be required forfeiture of the seized firearms and weapons.

Penalties tend to be less severe if the minor is tried in juvenile court instead of adult criminal court. The juvenile court judge has discretion on sentencing. Penalties can include probation, community service, counseling, or detention in a juvenile facility until age 21. Getting charges downgraded or dismissed in juvenile court should be a top priority.

Defenses for Firearm Possession Charges Against Minors

There are several legal defenses that a skilled juvenile defense lawyer can use to fight firearm possession charges against minors in New Jersey:

• You did not actually “possess” the firearm – For example, if police found a gun in your friend’s backpack without your knowledge.
• The firearm was inoperable or broken and could not be fired.
• You reasonably believed you were in imminent danger and only possessed the firearm temporarily for self defense.
• You fall under one of the possession exceptions for hunting, target practice, etc.
• The police violated your rights or conducted an illegal search when finding the firearm.
• You were improperly mirandized or interrogated as a minor without parental consent.

A good lawyer will aggressively argue these defenses to get charges reduced or dismissed. They can also negotiate with prosecutors for diversion programs or probation instead of harsh penalties.

Finding an Experienced Juvenile Criminal Defense Lawyer

The consequences for minors charged with illegal firearm possession can be severe. Their entire future may be at stake. Having an experienced juvenile defense lawyer is critical. Look for lawyers with proven success dismissing or reducing charges against minors. Also consider lawyers who have experience as former prosecutors. They know how the juvenile justice system works from the inside.

When researching lawyers, look for ones that are compassionate and take time to explain the process to minors and parents. Firearm charges invoke fear and stress in families. Lawyers need to be understanding and strategic in fighting back. Don’t take chances with public defenders or lawyers with little experience representing juveniles. Hire a dedicated juvenile defense attorney that knows how to beat these charges.

The Bottom Line on NJ Firearm Possession Laws for Minors

New Jersey has strict laws banning possession of firearms by minors, with only limited exceptions. The penalties can be severe if convicted, potentially involving years in detention facilities. However, an experienced criminal defense lawyer can often get charges reduced or dismissed through legal defenses and negotiations. For the best chance at avoiding harsh penalties, consult with a lawyer immediately if your minor child is charged with illegal firearm possession in New Jersey.