The Former Prosecutors & Highly Skilled Weapon Offense Defense Lawyers In Our Jersey City Office Are Available To Assist You 24/7
New Jersey has strict gun laws that make it very risky to possess a firearm without a proper license or permit. Possession of an illegal firearm is particularly treacherous when the weapon is a handgun. If you had the misfortune of possessing a firearm without a carry permit or other license required by law, you cannot afford to face the related criminal charges without an accomplished defense lawyer. Skilled representation is the only thing standing between you and a significant period of incarceration and/or crippling fines. The team of Hudson County NJ gun possession defense lawyers have the experience and skill required to successfully protect your freedom.
We are the Law Offices of Jonathan F. Marshall, one of the state’s largest criminal firms with an office directly across from the Hudson County Superior Court in Jersey City. Our staff includes attorneys with over 150 combined years in practice and considerable trial experience. We even possess former county prosecutors who have served as Director of the Guns Task Force and Major Crimes. If you were charged with possession of an illegal firearm in Bayonne, Union City, Jersey City, Weehawken, Secaucus or another local municipality, contact our Jersey City office at (201) 309-0500 to speak to an attorney immediately.
Hudson County Charge for Possession of a Gun Without a Permit
The law imposes significant penalties if someone is convicted of possession of a handgun, rifle, shotgun or other firearm without a proper license/permit. The severity of a charge for illegal possession of a gun hinges on many factor, including the type of firearm involved. The headings below outline the key aspects of a weapon offense of this nature.
Handgun. An individual cannot possess a handgun under any circumstance unless they have obtained a permit to purchase a handgun. This is typically secured through the municipality in which the applicant resides. It is important to keep in mind, however, that this type of permit only allows an individual to possess a handgun within his/her residence, at a shooting range or in transit between either of this destination provided the pistol/revolver is unloaded and properly stowed. An individual must possess a carry permit if he/she possesses a handgun under any other circumstance or risk conviction for a second degree crime for unlawful possession of a weapon under N.J.S.A. 2C:39-5(b). If the firearm is in the nature of a spring, air or elastic gun, failure to possess a permit is a third degree crime.
Rifle, Shotgun or Other Long Gun. In order to legally purchase a long gun such as a rifle or shotgun in New Jersey, an individual must possess a firearm purchaser identification card. Knowingly possessing a rifle or shotgun without a firearms purchasers identification card is a third degree crime.
There are three primary elements to a charge for illegal possession of a firearm. First, the possession must be “knowing”. If you legitimately did not know that you possessed a handgun, rifle or shotgun, you are not guilty of this offense. A good example of this concept is the situation where a firearm is present in a car unbeknownst to the operator or another occupant. The second element that must be established by the state is lack of a license or permit to possess the gun. The third requirement is actual or constructive possession of the firearm by the defendant.
What Are The Penalties For Possessing an Illegal Shotgun, Rifle or Other Firearm?
As previously stated, possession of a handgun without a permit is a second degree crime. Second degree unlawful possession of a handgun carries with it the possibility of incarceration for a period of between five (5) and ten (10) years, as well as fines of up to $150,000. Possession of an illegal handgun falls under the Graves Act, meaning that if convicted you must serve a mandatory minimum jail sentence during which you will be ineligible for parole and, if you have the misfortune of being convicted of this offense a second time, it is first degree offense, which carries with it the possibility of ten (10) to twenty (20) years in prison and a fine that can reach $200,000.
Is There A Separate Offense for Making a False Statement on an Application for a Handgun Permit or Firearms Identification Card?
Yes. N.J.S.A. 2C:39-10(c) makes it a third degree crime to provide false information, a fictitious name or any other inaccuracy in an application for a firearms purchaser identification card or a permit to purchase a handgun.
Gun Possession Defense Lawyers in Hudson County NJ
Possessing any variety of gun in Hudson County without a proper license or permit is clearly a serious matter. Failure to secure an acquittal has the potential to land you in prison for many years so selecting the very best defense lawyers to represent you is paramount. Here at the Law Offices of Jonathan F. Marshall, we know that our 150 plus years of collective experience defending against criminal charges in Jersey City is certainly extremely unique. This should provide comfort to you that our attorneys have the knowledge and skill to protect your liberty. To speak to an attorney on our team in a free consultation, contact our Jersey City Office. A lawyer is available to provide the assistance you need 24/7 at (201) 309-0500.
