Camden County NJ Illegal Handgun Possession Lawyers That Include Former County Prosecutors That Served As Directors of the Gun Task Force & Major Crimes Bureau
It is illegal in New Jersey to possess a handgun except under the narrowest of circumstances. Failure to adhere to the state’s strict laws exposes an individual to extreme penalties that include years in prison. This is even the case if the accused has a valid license or carry permit issued by another state such as Pennsylvania or New York. This is why hiring an accomplished Camden County weapon lawyer is an absolute necessity for anyone charged with possession of an unlicensed or otherwise illegal handgun in Gloucester Township, Camden, Pennsauken, Cherry Hill, Voorhees or anywhere else.
We are the Law Offices of Jonathan F. Marshall, a criminal firm with unique qualifications to ensure that you avert a handgun conviction at the Camden County Superior Court. Our unique credentials include:
- Ten (10) lawyers that practice exclusively in the area of criminal defense
- Over 200 years of combined experience defending firearm and other charges in Camden County
- Certified criminal trial attorneys
- An extensive history of success in representing clients arrested on handgun offenses such as unlawful possession of a weapon, possession of a weapon for an unlawful purpose, certain persons not to possess a weapon and possession of firearm during the commission of CDS activities
Our experience and accomplishments allow us to predict the arguments the prosecution will make and use this knowledge to effectively defend your case. If you were arrested for illegal possession of a handgun anywhere in Camden County, having an attorney who knows what it takes to beat the case against you is imperative. Contact an attorney at our Camden New Jersey Criminal Law Firm at anytime for a free initial consultation by calling (856) 288-3350. A lawyer is available 24/7 to speak to you.
Illegal Possession of a Handgun in Camden County
The gun laws in New Jersey are some of the most stringent in our nation. In particular, N.J.S.A. 2C:39-5(b) makes it totally illegal to possess a handgun without a carry permit except under the narrowest of circumstances (e.g. travel to and from a firearm range). In terms of the exact language of this law, it provides that:
b. Handguns. (1) Any person who knowingly has in his possession any handgun, including any antique handgun, without first having obtained a permit to carry the same as provided in N.J.S.2C:58-4, is guilty of a crime of the second degree.(2) If the handgun is in the nature of an air gun, spring gun or pistol or other weapon of a similar nature in which the propelling force is a spring, elastic band, carbon dioxide, compressed or other gas or vapor, air or compressed air, or is ignited by compressed air, and ejecting a bullet or missile smaller than three-eighths of an inch in diameter, with sufficient force to injure a person it is a crime of the third degree.
An individual can be charged with illegal possession under 2C:39-5 as the result of actual or constructive possession. Someone has actual possession when they have direct physical control over a handgun. Constructive possession arises in Gloucester City, Bellmawr, Haddon Heights, Collingswood, Lindenwold or elsewhere when someone knows where the weapon is located and has both the ability and intention to exercise control over it in the future.
Penalties for Illegal Possession of a Handgun in New Jersey
Illegal possession of a handgun can be either a second or third degree crime in New Jersey. If the weapon is a handgun that fires bullets then unlawful possession of a handgun in New Jersey is a second degree crime. Possession of a spring or air gun such as the classic BB or pellet handgun without a permit is a third degree crime. The penalties for each of these grades of handgun possession include:
Second Degree Illegal Possession of a Handgun. You are exposed to a state prison term of 5-10 years and a fine of up to $150,000. In addition, there is a mandatory period of parole ineligibility, commonly referred to a minimum term of imprisonment, that must be imposed at sentencing under the Graves Act. The minimum term of confinement is the greater of 36 months or one-half of the sentence imposed.
Third Degree Illegal Possession of a Handgun. When unlawful possession is a third degree crime under 2C:39-5, a defendant faces up to 5 years in prison and a fine of up to $15,000.
Camden NJ Winslow Twp. NJ Illegal Gun Possession Lawyer for a Free Consultation
The criminal defense attorneys at the Law Offices of Jonathan F. Marshall are always available to speak with you about your case and begin to formulate an aggressive strategy to defend you against an illegal possession of a handgun charge at the Camden County Superior Court or anywhere else in the state. Our criminal defense team includes lawyers that fully understand New Jersey handgun laws and we will use this knowledge to help you best defend against these charges. Call us today at (856) 288-3350 for a free initial consultation with a talented attorney to discuss your gun case arising in Waterford, Pine Hill, Audubon, Berlin, Haddonfield or another local town. A lawyer is available 24/7 to take assist you.
