Gun Lawyer in New Jersey
The gun ownership laws vary from state to state and this can create confusion for firearms owners who aren’t a lawyer when they move through the country. New Jersey happens to have some of the most restrictive gun possession laws, especially as they relate to handguns. Florida on the other hand is a much more lax state. They are a shall issue carry state for lawful permanent residents who are 21 years or older. This means that as long as an applicant passes the basic requirements set out by state law, the issuing authority (county sheriff, police department, state police, etc.) is compelled to issue a permit. Conversely, it is almost impossible to obtain a carry permit in NJ unless you are a current or former member of law enforcement.
The problem for someone from Florida entering NJ with a firearm is that their gun rights basically cease once they enter the state. This can expose them to a criminal offense for unlawful possession of a handgun if they are founding carrying their weapon anywhere outside of their residence. If you find yourself in this situation and charged with a gun offense in New Jersey, you are facing some of the most extreme penalties in the nation and therefore absolutely need the services of the best attorney you can find.
The Law Offices of Jonathan F. Marshall is staffed with New Jersey criminal defense lawyers with bonafide experience as opposed to the hollow statements you often find on the internet. Our office handles numerous handgun charges and our attorneys have the skillset to defend that charge successfully. Notable facts and qualifications about our office include:
- 14 lawyers that specialize exclusively in criminal defense
- Over 200 years of collective experience defending handgun, rifle, shotgun, bb, and pellet gun charges throughout NJ
- A team of former county prosecutors that includes a the Former Director of the Guns Task Force, Major Crimes Bureau, Domestic Violence, Juvenile, and even an entire Trial Division
- Certified Criminal Trial Attorneys
- An excellent history and track record of success for our clients, obtaining favorable outcomes that many times avoid jail
We are passionate about gaining the best result for you and are ready to provide a comprehensive case analysis. Your initial consultation is free, giving you the space to be at ease with your lawyer before committing to our representation. Our attorneys have handled many out-of-state resident gun charges which is certainly rare in our estimation. You can call 877-328-0980 anytime 24/7 to get started with a highly knowledgeable lawyer who will review the facts of your case and counsel you on your best course of action for defending your gun offense in New Jersey.
New Jersey Handgun Possession Law
The laws surrounding New Jersey handgun possession are codified in the New Jersey Code of Criminal Justice. N.J.S.A. 2C:39-5b makes it a second-degree crime to knowingly possess a handgun, including an antique, under any other circumstances if you do not have a carry permit. This also applies to handguns that are in the nature of an air gun, spring gun or pistol, or another 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. In this case, it is a crime of the third degree.
Many people do not realize that you need a permit to carry in New Jersey. The only exception to this rule is if you are transporting your handgun to and from a gun range, gunsmith, or the place of purchase, or are making a reasonable deviation from these routes. The State of New Jersey Attorney General has outlined what constitutes a reasonable deviation in a memorandum for guidance on this issue.
Does Federal Law Provide Any Relief?
When it comes to gun laws, federal law supersedes the state. You can have a handgun without a permit if you are transporting it from one lawful place – such as Florida where you own your gun – to another. In this case, however, the handgun must be properly stored and unloaded. It also must be possessed for a lawful purpose. The nuances of this law are part of the U.S. Code.
If you are transporting your gun through New Jersey for whatever lawful reason, it must be transported in a specific fashion. As mentioned, it has to be unloaded. In addition, the gun must be in a separate case or chest and in a location that is inaccessible from the passenger compartment, customarily in the trunk. The ammunition not only cannot be in the gun, but it must be inaccessible from the passenger compartment. You must be passing through New Jersey, not visiting for recreation, vacation or some other reason, and be traveling on a contiguous route to the state where your gun would also be legal, for example, on your way to reciprocal gun rights state like New Hampshire or Maine.
Penalties If You Are Convicted of Unlawful Possession of a Handgun
Unlawful possession of a handgun is a second degree crime. A second-degree criminal charge is nothing to take lightly since you face 5-10 years in prison and a possible fine of up to $150,000 if you are convicted. Furthermore, this offense falls under the Graves Act so a mandatory minimum term of imprisonment during which you will not be eligible for parole must be imposed. The period of parole ineligibility is supposed to be set at 42 months, meaning that this is the minimum period that someone will be confined in prison if they are found guilty.
Attorneys Who Are Skilled In Securing Graves Act Waivers
As previously stated, the Graves Act dictates that people convicted serve a minimum sentence before they can be paroled. For example, an individual must serve a mandatory minimum term of imprisonment of 42 months for unlawful possession of a handgun. This is the least amount of time that must be served in accordance with the Graves Act.
A waiver may be secured, however, to exempt someone from the mandatory prison and parole ineligibility requirements imposed by the Graves Act. A soft waiver reduces the amount of time in prison to one (1) year whereas a full waiver affords a defendant the ability to obtain Pretrial Intervention or a period of probation. Pretrial Intervention usually involves one year of probation and, upon successful completion, the original criminal complaint or indictment is dismissed. Our highly experienced NJ gun offense defense attorneys know how to secure a Graves Waiver for an out-state-resident.
Pretrial Release Following A New Jersey Gun Charge Arrest
Bail reform is sweeping the nation, and New Jersey is part of it. Before, you would appear before a judge and a monetary bail was set. If you could not make bail, you had to stay in jail until your trial. Now, monetary bails have been largely eliminated. The process following an arrest is now as follows:
- Within 48 hours of your arrest, you will see a judge
- The court is required to review a Public Safety Assessment (“PSA”)
- The PSA will allow the court to come up with terms, if any, that will permit a release from custody before trial.
- The PSA is a report that assigns a risk level on a scale of 1 to 6 for (1) committing another offense if released; and (2) failure to appear or obstruct prosecution.
If your risk is high and you score poorly on the PSA, you might not get a pretrial release. The court will look at factors such as whether you are a lawful gun owner and your criminal history. Being a lawful gun owner lowers your risk while having a prior criminal history heightens it. While this hearing happens within 48 hours of your arrest, you need to be prepared to get detained.
The prosecutor can file a motion to detain and that will result in your remaining in custody for an additional three business days until a detention hearing can be completed. Having an attorney on your case right away is important. Our lawyers will be there during this hearing and fight for your pretrial release. We have an excellent record in not only defending your rights during this hearing but securing pretrial release for our clients.
How Our New Jersey Criminal Defense Attorneys Can Help
Getting charged with a crime you did not realize you could get charged with can be frightening. When you lawfully own your gun and the rules differ in New Jersey versus your home state,
The possibility of a second-degree crime can come as a shock. If you get charged with possession of an illegal handgun in New Jersey, fight your case and hire an attorney to help you do so.
The lawyers at the Law Offices of Jonathan F. Marshall can help. Our attorneys have a skillset that is derived over years of handling handgun cases in courts throughout New Jersey. They will aim for the best-case scenario, which is to try and get the case dismissed. This could happen due to:
- The application of federal preemption,
- Violation of the search and seizure laws,
- Failure to possess probable cause to make a stop,
- Miranda Rights issues, and
- Other dispositive issues.
A dismissal is the ideal result, but there are other options as well, including obtaining a Graves Act Waiver.
Contact One of Our Experience Handgun Attorneys Today
Trust the defense of your possession of an illegal handgun in New Jersey to experienced attorneys. Our law office is available at all times to contact. You can reach someone 24/7 by calling 877-328-0980. The initial consultation is free. At that point, you can discuss your case with one of our attorneys and they can advise you on the best way to move forward. You will receive counsel on the strategy to escape a conviction and/or penalties for unlawful possession of a handgun in Jew Jersey as a Florida gun owner.
