New Jersey Gun Charges and Laws
New Jersey Gun Laws, widely recognized as the strictest in the nation, have become even tougher recently. New Jersey is leading the way and joining many other States that have passed new gun control laws in the face of public pressure calling for reform in response to gun violence in the streets and mass shootings in schools. Most gun charges carry a mandatory prison sentence. Therefore, if you, a family member or friend have been charged with a gun or weapons offense in the State of New Jersey, you need an experienced attorney with the knowledge and expertise to defend you against these serious charges.
New Jersey Gun Charge Penalties
Gun charges in New Jersey are extremely serious due to the mandatory prison sentencing requirements. In NJ, unlawful possession of a firearm or handgun is a second-degree crime, which carries a sentence of five to ten years in state prison. More importantly, gun charges are subject to the NJ Graves Act, which not only require mandatory prison sentences, but also require a period of parole ineligibility. In other words, someone convicted of unlawful possession of a weapon faces a significant period of time in prison before he can be even considered for parole. The Graves Act applies to all unlawful possession of a weapon charges, including assault weapons, handguns, shotguns, assault weapons, and all firearms – including BB guns and air pistols. It is essential for you to consult with a NJ Gun Law Attorney if charged with any gun or weapons offenses in New Jersey.
NJ Gun Permit and Registration
It is critical that you understand New Jersey’s tough gun laws in order to comply with the state requirements to purchase a handgun and for registration to possess a firearm. In order to lawfully own a gun in NJ, you must possess a firearms identification or purchaser’s permit for a handgun. This can be obtained by completing an application at the police department in the town where you reside. If you do not live in New Jersey, you can apply at any NJ State Police station. Any person seeking to apply for a permit to purchase, carry or register a gun must be fingerprinted. If you do not obtain the proper permit and/or registration prior to owning or possessing a gun, you face the mandatory sentencing consequences – even if you have no criminal record or have never been arrested before.
Transporting a Gun through NJ
New Jersey does not allow a person with valid gun permits from other states to carry or possess a firearm in New Jersey. If you have a gun permit in another state, you still cannot carry that gun in NJ. When traveling through NJ from a different state with a gun, it must be unloaded in secured in a closed case, gunbox or locked in the trunk. Ammunition must be stored separately, in a different secured container, case and locked in the trunk. If there is no trunk compartment in your vehicle, the firearm must be locked in a separate container and not stored in the glove compartment or center console.
Can I move to NJ with my gun?
Yes. If you already lawfully own a gun in another state, you can bring it to your new home once you have established your new address. Again, it must be transported in accordance with state law to avoid breaking the strict gun laws in NJ. Once you become a NJ resident, it is completely voluntary to register the firearm – however, you are not required to. Note: you must apply for a gun permit if you want to carry the gun in NJ. Otherwise, you are only permitted to keep it inside your home, business, or premises. If you want to purchase a new firearm after you move to NJ, you must complete an application the gun permit application with your local police department.
Contact My Office Immediately
New Jersey’s gun laws are extremely complex and very strict. Even individuals with no criminal record or those who possess valid out of state gun permits can face stiff penalties and mandatory jail for gun charges in NJ. If you or a family member were arrested for a gun, contact me immediately so I can review your case and the evidence against you and advise you as to all possible defenses to make sure that you are properly represented on your NJ criminal gun charge. In many cases and circumstances charges can be downgraded or dismissed depending on the facts of your case. Please contact me now by email, by phoning 908.264.7701, or by completing the form to the right to schedule your complimentary 30-minute strategy session.