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NJ Possession of a Weapon in a Motor Vehicle Lawyers
Fighting Weapon Possession in a Vehicle Charges in New Jersey
Being charged with unlawful possession of a weapon in a motor vehicle in New Jersey is scary. These allegations can threaten your reputation, freedom, and future if not properly defended. Here in New Jersey, vehicle weapon charges should never be taken lightly.
In this article, I’ll explain what constitutes unlawful weapon possession in a vehicle 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.
Vehicle Weapon Possession Laws in New Jersey
The main New Jersey statute covering vehicle weapon possession is 2C:39-2. Under this law, transporting a weapon in your vehicle without a permit or outside the allowed exceptions is illegal[1]. Weapons include:
- Firearms
- Destructive devices
- Daggers, dirks, stilettos
- Metal knuckles, clubs, saps
The weapon must be both accessible and operable to sustain charges. But strict transport laws still make violations likely, even for legal gun owners[2].
Penalties for Vehicle Weapon Possession Convictions in NJ
Illegal vehicle weapon possession is categorized from 3rd to 1st degree crimes based on the type of weapon. Potential penalties upon conviction include[3]:
- 3rd Degree – 3-5 years in prison
- 2nd Degree – 5-10 years in prison
- 1st Degree – 10-20 years in prison
Fines up to $150,000 and other consequences like probation and community service may also apply. Prior felony convictions can lead to harsher sentences.
Defending Against Vehicle Weapon Charges in NJ
While vehicle weapon charges may seem clear cut, viable defenses often exist. An experienced criminal defense lawyer could argue[4]:
- The weapon was inaccessible or non-working
- You had a valid permit or firearm owner’s card
- The weapon was being legally transported to an exempt location
- You were exempt from permit/transport requirements
- The police violated your rights in the vehicle search
An effective defense requires aggressively contesting the prosecution’s evidence and legal interpretations. For example, arguing you were transporting a firearm to go hunting or target shooting[5].
Why Hiring an Attorney is Crucial
Attempting to defend yourself against vehicle weapon possession charges is extremely risky. These cases require complex legal arguments regarding possession, intent, and transport laws that only an experienced criminal defense lawyer can effectively pursue. An attorney can help by[6]:
- Filing motions to suppress illegally seized weapons
- Negotiating dismissal or reduction of charges
- Navigating strict sentencing guidelines
- Avoiding mandatory minimum prison sentences
Navigating New Jersey’s complex vehicle weapon laws on your own often leads to conviction. Consult an attorney as early as possible to protect your rights.
Let Our Attorneys Help Fight Your NJ Vehicle Weapon Charges
Defending against weapon possession in a vehicle allegations in New Jersey requires experienced legal representation. Our team of criminal defense attorneys includes experts in weapons law with a proven record of successfully defending 2C:39-2 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.