What is a gun possession charge? If you unlawfully purchase or carry a gun in New Jersey, you may face serious consequences. You may be stressed and anxious about the next steps and the impact a conviction could have on your life. Because New Jersey has strict gun laws, having an attorney who knows the law and how to handle your firearm charges is critical.
If you are facing a gun possession charge, Keith Oliver Criminal Law will help you understand the charges, gather the necessary evidence to support your defense and seek the most favorable outcome. Here is one example where we were able to get gun possession charges dismissed for one of our clients who was facing prison time.
Get started with your case by contacting us today for a free case review with an experienced criminal defense lawyer.
General Overview of Firearm Laws in New Jersey
New Jersey has some of the strictest gun laws in the United States. Depending on the nature of the alleged offense, you could face charges related to the purchase, possession, and carrying of firearms:
- Purchase – In New Jersey, it is illegal to conduct a transaction involving a rifle or shotgun (unless it is an antique) unless the purchaser or recipient is a New Jersey licensed firearms dealer or possesses a valid Firearms Purchaser Identification Card (FID) FIREARMS PURCHASER IDENTIFICATION CARD. They must produce the FID or sign a written verification identifying them, their address, and the FID or dealer’s number. In the verification, they must also state they are not disqualified from purchasing a gun. For handguns, you cannot conduct a transaction unless the purchaser or recipient is a licensed New Jersey firearms dealer or has a permit to purchase a handgun.
- Possession – To lawfully possess a handgun in New Jersey, you must have a permit to carry. As noted above, you cannot possess a rifle or shotgun without an FID. However, neither a permit to carry or FID is required in some circumstances. For example, you may keep or carry a firearm at your place of business or residence. You may also carry an unloaded firearm contained in a closed gun box, securely tied package, or locked in the trunk of your vehicle under certain limited circumstances. Finally, you may transport firearms to or from target practice in accordance with the rules of the National Board for the Promotion of Rifle Practice.
- Carrying – Subject to certain exceptions, you cannot knowingly have a handgun in your possession without first obtaining a permit to carry, regardless of whether you’re carrying openly or concealed. To carry a rifle or shotgun, you must have an FID card. However, note that it is illegal to carry a loaded shotgun or rifle in any vehicle or shoot from a vehicle.
Who is Prohibited from Owning or Possessing Firearms?
Under New Jersey law, certain individuals are prohibited from possessing firearms:
- Any Person Convicted of Certain Crimes – Those convicted of a crime or an attempt or conspiracy to commit a crime of arson, aggravated assault, burglary, homicide, sexual assault, or unlawful possession of a machine gun charge, among other crimes, cannot possess a firearm.
- Any Person with a Mental Disorder – A person who has been committed to a hospital or mental institution for a mental disorder cannot possess a gun unless a medical doctor or psychiatrist provides them with a certificate that they are no longer suffering from a mental disorder that would affect their ability to handle a firearm.
- Any Person with a Drug Conviction – Someone who has been convicted of the unlawful use, possession, or sale of a controlled dangerous substance is prohibited from possessing a gun unless the offense was classified as a disorderly persons or petty disorderly persons offense.
- Any Person with a Domestic Violence Conviction – Those individuals convicted of a disorderly persons offense of domestic violence, or whose firearm has been seized under New Jersey’s domestic violence law, or who is subject to a domestic violence order that specifically prohibits the possession of firearms, may not possess a gun.
In addition to these individuals, those convicted of crimes comparable to those listed above in another state or foreign jurisdiction and those subject to a protection order concerning a judicial officer are prohibited from possessing firearms in New Jersey.
Specific Firearm Prohibitions in New Jersey
New Jersey has specifically identified what firearms are prohibited in the state and lists them by name. In addition to prohibitions concerning which people can carry guns, these types of firearms are illegal, including assault rifles, guns with a magazine that weighs more than 10 pounds, and a firearm with a bump stock attached.
Your attorney can help you understand the specific firearm prohibitions in New Jersey. We know these laws can be confusing. Whether you are facing charges or have questions about the legality of the firearm you have, the attorneys at Keith Oliver Criminal Law are here to help.
Penalties for Violating Firearm Prohibitions
The degree of the firearms offense determines the nature of the penalties you will face. For example, carrying a handgun without a valid permit is a second-degree crime, which carries a maximum punishment of 10 years in prison. If you possess a machine gun or a device that can be adapted as a machine gun, you will likewise be charged with a second-degree crime that could result in up to 10 years in prison.
New Jersey also has a mandatory sentencing statute related to gun and weapons convictions, the Graves Act, which requires that a convicted individual be sentenced to prison without the eligibility for parole. The period of ineligibility depends on the number of offenses the person has been convicted of. For example, the parole ineligibility period for a second firearms offense is five years.
Defenses Against Firearm-Related Charges
Your attorney will assist with every aspect of your firearm-related charges, including developing a robust defense tailored to your case’s unique facts and circumstances. After thoroughly investigating your case, they may assert one of the following typical defenses:
- Illegal Search – Your attorney may determine a search that revealed a weapon was invalid. If you were pulled over and law enforcement searched your vehicle without your consent, you can challenge the legality of the search. In New Jersey, law enforcement officers must inform drivers of their right to refuse their request to search their vehicle and obtain a consent form. If a judge finds that you did not consent to the search, they will likely throw out the charge. And, even if you consent to the search, evidence obtained during a search can be thrown out if the police do not have probable cause.
- Invalid Warrant – To obtain a warrant from a judge, the police must present evidence that the search is necessary and will likely result in evidence of a crime. However, suppose your attorney determines that the police officer falsified information or made assumptions about what they were likely to find in your home or vehicle. In that case, they may challenge the warrant’s validity, which could result in the case being thrown out.
- Lack of Possession – Depending on the evidence, your attorney may argue that you did not have possession or own the firearm. Gun charges require the prosecution to show that you actually possessed or owned the gun. If you did not have actual physical possession of the firearm, this may be your strongest defense to the gun charges, especially if no evidence of constructive possession exists.
Impact of Firearm Prohibitions on Residents
Firearm prohibitions in New Jersey impact residents by limiting their access to certain weapons and imposing strict regulations on gun ownership. These laws aim to reduce gun violence and ensure public safety but can also create challenges for individuals seeking to exercise their Second Amendment rights. Residents must undergo extensive background checks and training and obtain permits before purchasing or carrying firearms. The state’s stringent restrictions may lead some to feel their rights are infringed upon, while others believe the measures are necessary to prevent crime and enhance community security.
Steps to Take If Facing Firearm-Related Charges
If you are facing firearm-related charges, keep these tips in mind to protect your rights:
- Do Not Resist Arrest – Regardless of whether you think the grounds for an arrest exist, cooperate with law enforcement to avoid additional charges or injuries to yourself or law enforcement.
- Request a Lawyer – If you are arrested and booked into jail, invoke your right to remain silent under the Fifth Amendment and do not incriminate yourself. Instead, ask for a lawyer.
- Cooperate with Your Lawyer – The more forthcoming you are with your attorney, the better they can prepare a strong case on your behalf. No detail is too small, and it is better to share all the information about your situation with your lawyer.
- Attend Your Court Dates – Cooperating with your lawyers means attending all appointments and court dates when scheduled. Failing to appear will result in forfeiture of any bail paid and a warrant for your arrest.
Contact Our NJ Firearm Defense Attorneys for Legal Assistance
At Keith Oliver Criminal Law, you can expect to receive strong legal advocacy as we craft your defense against New Jersey firearm charges. We understand this may be a challenging time in your life, but you can rest assured that we will work hard to seek a favorable outcome to your case. You do not have to face these charges alone. Contact us today to get started with a free case review with an experienced criminal defense attorney.