The possession of illegal firearm and weapons is a serious criminal offense in New Jersey, and individuals caught in possession of illegal firearm may face significant fines and years of prison time. Moreover, if someone is in possession of illegal firearm while committing another crime, they can face an additional charge under Section 2C:37-9 of the New Jersey Revised Statutes ("Certain Persons Not to Have Weapons or Ammunition").
Certain individuals are prohibited from possessing guns without a permit, such as those convicted of domestic violence. Juveniles are also not allowed to own or carry weapons, and if they commit a weapons offense, they can face severe penalties, including incarceration.
Surprisingly, BB guns, airsoft guns, and paintball guns are also considered firearms in New Jersey because they shoot projectiles that can cause harm or injury. Furthermore, individuals convicted of domestic violence are prohibited from carrying handguns or shotguns.
Despite the state's strict gun laws designed to protect residents, street crimes can still occur. To enhance safety, residents can take precautionary measures, such as refraining from announcing personal plans online or in public notices and ensuring doors are locked before leaving the house. Installing alarm systems and collaborating with neighbors to monitor the community for suspicious activities can also contribute to safety.
New Jersey law empowers family members and police to seek an extreme risk protection order if they believe a loved one poses a high risk of harming themselves or others. These red flag laws permit law enforcement and family members to request temporary restrictions on the individual's access to guns.
Obtaining a permit to purchase a handgun or a gun purchaser identification card for rifles or shotguns in the state can be a time-consuming process.
Most weapons offenses in New Jersey are classified as fourth-, third-, or second-degree indictable offenses. However, the penalties for these offenses vary based on the specific circumstances of each case.
For instance, possession of illegal firearm, such as a machine gun, is considered a second-degree indictable offense, carrying a maximum prison sentence of 10 years and a $150,000 fine. In contrast, possession of a forged firearm is classified as a third-degree indictable offense, potentially leading to an 18-month prison term and a $10,000 fine.
Facing a possession of illegal firearm offense calls for immediate consultation with an experienced attorney. A skilled lawyer can assess the legal options available and determine whether the case supports a petition for PTI (Pre-Trial Intervention), which may reduce or eliminate the criminal record for a weapons offense. To be eligible for PTI, the individual must have only one indictable offense on their record and no more than three disorderly persons offenses.
New Jersey has some of the most strict firearm and weapons laws in the country. If convicted of a weapons or firearm crime, you could face costly fines and significant prison time. It is important to work with an experienced attorney who has experience fighting weapons charges. A knowledgeable attorney can balance mitigating circumstances against aggravating factors and zealously advocate for your best interest.
In New Jersey, if you are caught in possession of illegal firearm without the proper license or permit, you can be charged with a weapons offense. This includes handguns, rifles, shotguns, machine guns, and other types of assault weapons. In addition, even certain everyday tools like bats, hammers, and box cutters can be considered weapons under the right circumstances and lead to criminal charges if used for unlawful purposes such as intimidation or property damage.
Generally, most weapons charges in New Jersey stem from unlawful possession of a weapon, not manufacture or possession of illegal firearm. A skilled weapons defense lawyer can help you avoid harsh penalties by arguing that the weapon in question was lawfully possessed and only used for its intended purpose. It is also possible that a weapons charge can be reduced or dismissed if the offense was committed in the course of another crime such as robbery, burglary, or another felony.
For instance, if you are in possession of illegal firearm, and it is used during the commission of a robbery or kidnapping, this can be elevated to a second-degree crime that could result in up to 10 years in state prison along with a period of parole ineligibility. A skilled New Jersey weapons defense attorney can carefully review the facts and circumstances of your case to construct a tailor-made comprehensive weapon and firearm defense that minimizes, or in some cases eliminates, the penalties you face.
Even the simple act of carrying a gun or weapon in the passenger seat of your car or truck in New Jersey can land you with a weapons violation since it is against state law. If you have a loaded weapon in your vehicle or carry an open or concealed weapon that is not properly stored, this can be a fourth-degree offense punishable by up to 18 months in jail.
Other charges that can be brought against you include possession of illegal firearm or a weapon with a defaced serial number or other identifying marking. If convicted of any of these crimes, you could be sentenced to up to 18 months in prison and be required to pay a fine of $10,000. Probation and community service may also be ordered as part of your sentence depending on the specifics of your situation. If convicted of possession of illegal firearm or gun crime, you will lose your rights to own a weapon and will not be eligible to serve on a jury. You need to contact a New Jersey criminal defense attorney immediately if you have been arrested or are under investigation for any weapons or gun-related offense.
In the wake of mass shootings in schools and other public spaces, states are increasingly passing laws limiting the access of certain individual’s possession of illegal firearm. Many of these measures are aimed at individuals with mental health or history of substance abuse problems. However, these measures are also often criticized by gun rights advocates as a violation of the Second Amendment. In New Jersey, a new law went into effect this month that significantly broadens police and family members’ ability to file petitions for a court-ordered risk assessment and barring order.
The law allows police and family members to petition a state Superior Court for an order that bars the person from possessing, buying, handling, or having access to guns or ammunition. If the judge finds that the person poses a threat, he or she will issue an order that lasts until the individual can prove he or she is not a danger, at which point authorities can cancel it. If the individual breaks any of the terms of the order, he or she can be charged with a fourth degree crime, such as possession of illegal firearm.
New Jersey also requires gun owners to store their weapons safely and securely, and it prohibits taking a handgun out in public without proper licensing. In fact, if you carry a weapon without the correct permit while in public or on private property, you could be charged with a fourth degree crime called unlawful possession of a handgun, which falls under possession of illegal firearm. This offense typically carries a penalty of up to 18 months in prison.
In addition, there are a number of offenses related to the purchase and ownership of guns that can be classified as third degree crimes. For instance, if you are found guilty of possessing a machine gun, an assault firearm, or a weapon of any kind in the course of committing another crime, you will be sentenced to 3 to 5 years in prison, adding to the list of possession of illegal firearm charges.
The new law has also prompted a back-and-forth between Democrats and Republicans in the Assembly over its list of sensitive locations where people can’t carry handguns, further emphasizing the importance of adhering to firearm laws. Some of the areas listed, such as churches and airports, are so broadly defined that they would encompass nearly all public spaces. Other legislators, including Assemblyman Brian Bergen (R – LD-25), argued that the list was so expansive that it would include picking up dog poop on someone else’s lawn, which could technically be a violation of the law, leading to potential possession of illegal firearm charges.
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