New Jersey Gun Offense Lawyers
NJ handgun laws are very strict and limit lawful possession to those who have been issued a carry permitted by the state. An individual faces a criminal charge for unlawful possession of a handgun and severe penalties if they carry a handgun in New Jersey under any other circumstances. Conversely, Virginia allows an individual to carry if they are over the age of 21 and properly licensed. Confusion often results from the inconsistency of these laws resulting in Virginia residents mistakenly believing it is legal to carry in NJ only to be charged with an extremely serious offense.
If you are a resident of Virginia who was arrested for unlawful possession in New Jersey, look no further than the Marshall Criminal Defense. Our highly skilled team is composed of accomplished lawyers with the know-how to effectively represent you. The unique qualifications of the defense team include:
- 14 litigators that limit their practices to defending the accused
- Over 200 years of combined experience representing out-0f-state residents charged with possession of illegal guns
- Former county prosecutors that served as Director of the Guns Task Force, Major Crimes Unit, Juvenile, Domestic Violence and even an entire Trial Division
- Certified criminal trial attorneys
- An extensive record of dismissals, Pretrial Intervention, and handgun waivers in cases like yours
A lawyer on our staff is available for a free initial consultation anytime 24/7. To this end, we encourage you to call 855-450-8310 for a comprehensive review of the facts of your case and our recommendations for avoiding a conviction and prison.
New Jersey Handgun Possession Law
If you are a resident of Virginia and you are not sure what the letter of New Jersey handgun possession law is, you need to familiarize yourself with N.J.S.A. 2C:39-5b. Under this law, your charge will be a second-degree crime unless the weapon is powered by a spring-like a BB gun or pellet gun. In this case, the charges will be reduced to third-degree status.
There are also secondary gun laws that impact your charges in the state of New Jersey. Hollow Point ammunition and Teflon-coated ammo are entirely illegal in the state of New Jersey. High-capacity magazines and ghost guns with untraceable parts are also illegal in NJ, regardless of the permits that you hold in other states. Lastly, assault weapons are not allowed, and it is a second-degree crime to possess an assault weapon as defined under New Jersey Handgun law.
The state of New Jersey does make some allowances for the transportation of firearms in New Jersey. Under these guidelines, you can only transport a handgun if it is not loaded. It will need to be in a separate container or compartment away from the passengers in the vehicle as well. A center console or glove box does not satisfy this stipulation.
You are also not allowed to drive with a gun at your discretion. You can possess the gun with the intent to go to a gun range or gun repair location, and you can only make a reasonable deviation from this intended destination without being charged.
Does Federal Law Apply?
Federal gun possession laws will trump New Jersey gun laws. If the federal law preempts the state law, the result of the ruling might be that the accused will be absolved of the charges that they were not compliant with New Jersey gun laws. Federal law allows an individual to transport a handgun from their home state through New Jersey under the following conditions:
- The firearm is lawfully held in the home state of the accused at the start of the trip.
- The firearm is legal in the home state of the person who owns it, and it is legal in the state that the person is traveling to
- The firearm is not loaded.
- The firearm is not being utilized for an unlawful purpose.
- The firearm and the ammunition are not accessible in the passenger compartment of the vehicle.
- The accused is not a convicted felon, a fugitive from justice, an illegal alien, or someone who has been determined to be unfit to operate or possess a firearm.
Those who meet these conditions cannot be charged with gun-related possession charges in the state of New Jersey, and they cannot be convicted for illegally possessing a gun in the state of New Jersey. Federal law can have the biggest impact on cases of possession in New Jersey that would otherwise lead to serious charges. There are not many instances where someone from Virginia would not be carrying a gun through the state to another destination, but there can still be complications related to the permit and licensing of the gun in one’s home state, as well as issues related to the legality of the gun in the state that one is traveling to
These details are what many cases can hinge upon, and the more your attorney knows about your intentions, the easier it will be to defend your case.
What Are the Penalties For Possessing a Handgun Without a Proper Permit?
In the state of New Jersey, you will be penalized in extreme fashion if you do not have a proper permit for your gun. If you are not exempted due to federal law, you can face as much as 5-10 years in prison since this charge is considered a second-degree crime. The fine that accompanies these charges can be as much as $150,000.
A Graves Act Waiver can reduce the charges related to your possession charge, but without this waiver being granted, you will face a mandatory parole period of ineligibility for up to five years of your sentence. During that time, you cannot be approved for parole no matter how exemplary your behavior.
In addition to the charges that you will face, New Jersey has recently reformed their bail and pretrial release process. This means that due to bail reform, there is almost no chance of monetary bail being granted for your case. You will be taken into custody, and a risk level on a scale of 1 to 6 will be assigned to you. In gun cases, this is usually a 1/1 if you are the legal owner of the gun. However, increased risk levels will make it less likely that you will be granted a pretrial release.
You can be detained until your hearing is completed or denied your release, depending on various factors related to the charges that were leveled against you when you were caught in possession of a handgun. There is an option for a soft waiver as well that can be secured in some cases to reduce the number of years that you are ineligible for parole.
Pretrial Intervention can sometimes also be secured for those who have no other serious charges on their record. This is an agreement that allows for probation for one year. When the probation process has been completed, the criminal complaint is dismissed, and prison is no longer a possibility.
Working With a Skilled NJ Handgun Defense Attorney is Critical
If you have been charged with carrying a handgun without a permit in the state of New Jersey, you will need to secure the help of a skilled lawyer for your case. Avoiding jail time and being prevented from securing probation is essential, and you will need an experienced lawyer for your case if this is your goal. We at the Law Office of Jonathan Marshall have years of experience with these cases and can help you to get a waiver or even a pretrial intervention if the circumstances of your case allows for it. You should not have to serve jail time for simply being unaware of the rules related to gun possession in the state of New Jersey.
We work hard for our clients to make sure that they get the best results from their cases, and we consider it our personal mission to be sure that our clients do not serve time that they should not have to serve. Despite the stringent nature of New Jersey law on the topic of handguns, those who are not aware of the nature of these laws should not be forced to serve jail time.
Contact us today at Marshall Criminal Defense for help with your NJ handgun possession charges. We will work hard to secure a positive outcome for your case and help you to avoid a conviction for charges that do not deserve to be on your record.
