New Jersey Gun Crimes Lawyer
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 handguns, shotguns, rifles, and assault weapons.
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.
By consulting an experienced gun lawyer, an individual can be sure that their right to bear arms 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.New Jersey Gun Laws
Gun laws in New Jersey can be separated into two separate categories. The first is how firearms can be properly purchased, sold, and registered. The second deals with how people that violate these rules can be charged with a crime.
Regardless of the type of firearm that a person wishes to have, it is required that they register with the state for a firearm 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 is going to allow people to get this permit. There are however, exceptions to this presumption and they are listed 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 all firearms licenses. To apply for a 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.Registration Process
New Jersey law also requires a person to register with the state if they want to carry their handgun in public. According to New Jersey Statute 2C:58-4, there is an application that must be filed with the New Jersey Superior Court. This 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 firearms and that they have a justifiable need to carry a handgun in public.
This can be a complicated argument. If someone has applied for a firearms purchaser ID and been denied, or would like to apply for a permit to carry a handgun, New Jersey gun attorneys can help.Illegal Possession of a Firearm
Just as New Jersey has set up a procedure to properly obtain a firearm, there are laws written to punish those who illegally possess guns without a firearms 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 crime of the fourth degree to a crime of the second degree. Crimes of the second degree carry 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 an 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 criminal 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 will work with you to achieve the best possible outcome.