New Jersey Gun Crimes Lawyer
If you have been charged with a weapons offense call New Jersey Gun Lawyer John B. Fabriele today to schedule a free consultation. By consulting an experienced New Jersey gun law attorney, an individual can be sure that their right to carry a firearm is protected. Or, if a person is accused of improper possession of a firearm, an attorney can work to get that client the best possible outcome for their individual circumstances.
The question of whether you have the right to carry a firearm is a contentious one in today’s courts and legislatures. Despite the Second Amendment of the Constitution’s guarantee of the right to bear arms, New Jersey has passed gun control statutes requiring a person to obtain a license to carry a handgun, assault weapon, shotgun, or rifle.
The rules for properly obtaining a license to own handguns, rifles, shotguns, and assault weapons are complex. If a person violates those laws, they can be charged with illegal possession of a firearm, even if no other crime has been committed.
New Jersey Gun Laws
New Jersey separates gun laws into two categories. The first is how a firearm can be legally purchased, sold, and registered. The second deals with how violators of these rules can be charged with a crime due to illegal possession.
Regardless of the type of firearm that a person wishes to have, they must register the weapon with the state purchaser ID card. The New Jersey Law outlining the requirements for this ID card can be found at NJ Stat 2C:58-3.
It is important to remember that there is a presumption that the state will allow people to get this gun permit. There are, however, exceptions to this presumption, and you can find them in the statute.
Prominent examples include:
- A person convicted of domestic violence
- A person considered to be drug dependent
- A person subject to a restraining order
There are also age requirements in place for a firearm license. To apply for a gun permit to purchase a handgun, a person must be at least 21 years old. For all other types of firearms, a person need only be 18.
New Jersey law also requires a person to register with the state to carry their handgun in public. According to New Jersey Statute 2C:58-4, those who wish to carry a handgun in public must file an application with the New Jersey Superior Court. Filling out and filing this application is a complicated procedure that involves appearing in person at court.
At this hearing, people will need to demonstrate that they are knowledgeable about the safe handling of a firearm and that they have a justifiable need to carry a handgun in public.
Proving this in court can be a complicated argument. If someone has applied for a firearm purchaser ID and been denied in the past or would like to apply for a permit to carry a handgun, a New Jersey gun attorney can help.
Illegal Possession of a Firearm in NJ
Just as New Jersey has set up a procedure to obtain a firearm properly, there are laws to punish those charged with illegal possession of a gun without a firearm license. New Jersey Statute 2C:39-5 describes these laws as they apply to handguns, rifles, shotguns, and assault weapons, respectively. The law, as written, does not require that another crime take place for illegal possession charges to follow.
Penalties for a violation of this law can range from a fourth-degree to a second-degree crime. A crime of the second degree carries a minimum jail term of 10 years and a maximum sentence of 20 years according to requirements explained in New Jersey Statute 2C:43-7.
Help from a New Jersey Gun Law Attorney
Whether a person is applying for a permit to purchase a firearm for the first time, has been denied in their application, or has been charged with illegal possession of a gun, New Jersey gun lawyers can help you.
A gun law attorney will help you understand the process of proper gun registration or guide you through the criminal justice system. New Jersey firearms attorneys comprehend the issues at hand and work with you to achieve the best possible outcome.
Frequently Asked Questions Regarding New Jersey Gun Laws
Here are some frequently asked questions and answers that can help you learn more about New Jersey gun laws:
What are the penalties for illegal firearm possession in New Jersey?
The penalties for illegal possession of a firearm in New Jersey will depend on the type of weapon or firearm in your possession. For instance, New Jersey statute 2C:39-5 Unlawful possession of a weapon states that:
(a) Any person who knowingly has in his possession a machine gun or any instrument or device adaptable for use as a machine gun, without being licensed to do so as provided in N.J.S.2C:58-5, is guilty of a crime of the second degree.”
(b) Any person who knowingly has in his possession any handgun, including any antique handgun, without first having obtained a permit to carry the same as provided in N.J.S.2C:58-4, is guilty of a crime of the third degree if the handgun is in the nature of an air gun, spring gun or pistol or other 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. Otherwise, it is a crime of the second degree.
(c) Any person who knowingly has in his possession any rifle or shotgun without having first obtained a firearms purchaser identification card in accordance with the provisions of N.J.S.2C:58-3, is guilty of a crime of the third degree.
Contact us to schedule a free consultation if you have been charged with a gun offense in NJ or would like to know more about illegal possession of a weapon in New Jersey.
Illegal possession can range from a second degree to fourth-degree crime:
- Second-degree crime: punishable by 5-10 years in jail
- Third-degree crime: punishable by 3-5 years in jail
- Fourth-degree crime: punishable by up to 18 months
If you’re charged with illegal possession of a firearm, contact John B. Fabriele, III today to discuss your case with one of New Jersey’s top gun crime attorneys.
What is considered an illegal firearm in New Jersey?
Certain weapons are prohibited from possession in New Jersey; they include but are not limited to:
- Stun gun
- Destructive devices/explosives
- Sawed-off shotgun
- Body armor for penetrating bullets
Facing an arrest for possession of an illegal weapon in New Jersey can lead to severe consequences. Contact our law office today for aggressive legal defense for possession of an illegal weapon.
Who is prohibited from buying a weapon in New Jersey?
Federal law sets a baseline of who can’t legally purchase or possess a firearm. For instance, if someone has a serious mental illness or is charged with domestic violence, federal law prohibits them from purchasing a weapon. Beyond that, states set their own guidelines for firearm purchases and possession.
New Jersey laws regarding certain persons who cannot own a weapon or ammunition include but are not limited to:
- Any person convicted of a disorderly persons offense of domestic violence
- Any person who is subject to a domestic violence restraining order
- Any person convicted of a “crime,” or attempt or conspiracy to commit a crime, of aggravated assault, arson, burglary, escape, extortion, homicide, kidnapping, robbery, aggravated sexual assault, sexual assault, bias intimidation, carjacking, gang criminality, racketeering, terroristic threats, unlawful possession of a machine gun, unlawful possession of a handgun, unlawful possession of an assault firearm, leading a firearms trafficking network, endangering the welfare of a child, stalking, domestic violence, or certain weapons-related offenses.
- Any person convicted of the unlawful use, possession, or sale of a controlled dangerous substance unless the offense was classified as a disorderly persons or petty disorderly persons offense.
How can a New Jersey gun law attorney help me?
A gun-related crime is a severe offense in the state of New Jersey, which means you shouldn’t face a gun charge alone. A gun law attorney can help you in several important ways. Through a thorough investigation of your gun crime case, a skilled defense attorney can design a strong defense, minimize your penalties, have your gun charges dropped, or your case dismissed. If you’d like to preserve your Second Amendment right to carry a weapon and avoid a harsh jail sentence, contact John B. Fabriele, III today to discuss your case and learn more about your options.
Contact New Jersey Gun Lawyer John B. Fabriele, III
The Law Office of New Jersey Gun Crimes Lawyer John B. Fabriele, III is open daily to take your case. You must contact an attorney sooner so we can start working on your case. To achieve the best results, you need an experienced attorney that knows the area. We have experienced attorneys defending citizens with gun offenses or weapon-related crimes in New Jersey Middlesex County, Monmouth County, Ocean County, Somerset County, Union County, and surrounding areas. Don't face a weapons charge alone. Contact New Jersey Gun Lawyer John B. Fabriele, III today to get your questions answered and start your defense.
New Jersey Gun Lawyer Office
New Jersey Gun Lawyer
East Brunswick , NJ
Phone: (732) 246-0888