NJ Handgun Defense Lawyers With Extensive Experience Representing Out of State Firearm Owners
Hundreds of residents of Florida, Virginia, Delaware, North Carolina and other states are arrested for unlawful possession annually in New Jersey. The mistake consistently made by these out of state gun owners is that reciprocity allows them to possess their firearm. They are almost all shocked upon learning that they have been charged with a very serious second degree crime for illegally possessing a handgun without a permit to carry. If you find yourself in this dilemma because your gun was discovered in your car, at the airport, at a casino, in a hotel room or elsewhere, you need to select the best NJ criminal lawyer that you can find. Our law firm certainly offers a formidable option in your search.
We are the Law Offices of Jonathan F. Marshall, a team of accomplished defense attorneys with the skill to help you. Our credentials are quite impressive and include:
- 13 lawyers that possess over 200 years of collective experience and dedicate their practices exclusively to defending the accused
- Former county prosecutors on staff who have served as Director of the Guns Task Force, Major Crimes Bureau, Homicide Unit, Domestic Violence and other key positions
- Certified Criminal Trial Attorneys
- Longtime NRA Members
- Decades of success stories where we have achieved dismissals, Pretrial Intervention and probation on behalf of gun owners from other states
Make no mistake about it, you will need a Graves Act Waiver in order to avoid prison time if you were carrying an unlicensed handgun in New Jersey. Our exceptional qualifications are precisely what you need to ensure you avoid incarceration and move on with your life with limited impact. Call us at 855-450-8310 for a free consultation with one of the lawyers at the firm.
The Law Offices of Jonathan F. Marshall has a team of skilled gun lawyers that defend clients from Virginia, Delaware, North Carolina, South Carolina, Pennsylvania, New York, Georgia, Maine, New Hampshire and other states who have been arrested for possession of a handgun without a carry permit.
Rules Governing Possession of an Out of State Gun In New Jersey
There are a host of firearm regulations that come into play when an out of state resident travels into NJ with their handgun. The headings below outline the basics concerning each of these rules.
- Carrying Your Handgun – N.J.S.A. 2C:39-5b. You can only “carry” a firearm if you have been issued a permit to carry by New Jersey or are a law enforcement officer otherwise authorized to possess a handgun without a carry permit. An individual is “carrying” his or her handgun if they possess it outside of their residence in any other context other than transporting it to or from a gun range, gun smith or the place where it was purchased. You must possess a carry permit if you possess the gun in any other context otherwise you face a second degree crime for unlawful possession of a handgun.
- Transporting Your Handgun – N.J.S.A. 2C:39-6g. There are exemptions under NJ law where someone is not exposed to an unlawful possession charge and they are contained at 2C:39-6. In order to enjoy the benefit of these rules, for example, not face an unlawful possession charge when you possess your gun in route to a gun range, the weapon must be unloaded and stored in a case, gun box, bag or other enclosure that is outside of the passenger compartment (e.g. trunk), and must be separated from the ammunition. If you fail to comply with this limitation and possess a handgun, you can be charged with unlawful possession.
- Ammunition – N.J.S.A. 2C:39-3f. Any form of body armor penetrating ammunition such as hollow tip bullets and teflon coated ammo is strictly prohibited. It is a fourth degree crime to possess prohibited ammunition.
- Magazines – N.J.S.A. 2C:39-5j. It is illegal to possess a high capacity magazine, namely, one that is capable of firing more than 10 bullets. Possession of a high capacity magazine in violation of this law results in a fourth degree crime.
While we certainly understand how harsh these rules appear given that you purchased your gun, magazine or ammunition legally, this is not a defense to any of these NJ weapon charges. Laws differ from state-to-state and New Jersey strictly limits firearm rights. Your ignorance of the law, lack of knowledge concerning illegality nor lack of intent will serve as defenses. It is therefore of upmost importance that you secure representation from a lawyer who is highly skilled in defending NJ weapon charges.
Graves Act Waiver To Escape The Harsh Consequences of New Jersey Law
There are few laws in this state that can have a harsher impact than the Graves Act, especially when it is being applied to an innocent out of state gun owner. There is a five (5) to ten (10) year prison sentence that applies to someone who mistakenly possesses his or her handgun in NJ without a permit. Avoiding prison in a handgun case requires a waiver filed by the prosecutor and approved by the court. There are certainly ways how you can obtain a Graves Waiver but you will definitely need to enlist an attorney and preferably one with a long track record of success. This is what will give you the best opportunity for a favorable result rather than harping on the fact that you lacked knowledge that the gun was illegal in New Jersey and are a law abiding citizen.
Federal Law Impacting Prosecution of an Out of State Resident
The rule of preemption provides that Federal Law will trump a conflicting state law. This principle can come into play in a handgun case since Federal Rule says it is legal to possess a handgun outside the home provided it is being transported under the following conditions: (1) the firearm is possessed for a lawful purpose; (2) is being carried to a state where it is lawful to possession; (3) it is unloaded; and (4) is stored, along with the ammunition, in a compartment that is inaccessible from the passenger compartment. If you were traveling with your gun and complied with these requirements, federal law will absolve you from prosecution by NJ for unlawful possession of the firearm.
Arrested in New Jersey for Possessing a Gun from Another State
The pitfalls of carrying a handgun into New Jersey can be extraordinarily steep and punishing. You need to recognize this is now your reality and make sure you invest everything it takes to prepare a potent defense. It will take a carefully crafted waiver to get you outside the Graves Act so you need to hire a lawyer that knows exactly how this is accomplished. The lawyers at the Law Offices of Jonathan F. Marshall have the knowledge and skill that you require with countless happy endings in out of state handgun cases. One of our NJ gun attorneys is available 24/7 to discuss your matter in a free initial consultation. Call 855-450-8310 for the assistance you need.
