The state of New Jersey has one of the strictest gun control laws in the United States. The Garden State’s policies are aimed at keeping firearms out of the hands of individuals who may pose a danger to society. As a result, unlawful possession of a firearm in New Jersey is a serious offense that carries significant legal penalties. Here’s what you need to know if you or someone you know is facing this charge.

Understanding the Law

Under New Jersey law, it is illegal to possess a firearm without first obtaining a Firearms Purchaser Identification Card (FPIC), a permit issued by the Superintendent of the New Jersey State Police or the local police chief. It is also unlawful to possess certain firearms, such as sawed-off shotguns and assault firearms, even with an FPIC.

Additionally, it’s unlawful to possess a handgun without a carry permit, irrespective of whether the person has an FPIC. The New Jersey State Police, however, states that this requirement does not apply when a person is transporting a firearm between their home, place of employment, or other property they own or possess, provided that they do so in accordance with federal law, which includes requirements like keeping the firearm unloaded, enclosed in a closed and fastened case, and locked in the trunk.

The Consequences

Being caught with the unlawful possession of a firearm in New Jersey is a second-degree crime, punishable by a prison sentence of five to ten years. New Jersey law also includes a provision known as the Graves Act. The Graves Act requires mandatory minimum sentencing for certain firearms offenses, including unlawful possession. Under this Act, an individual must serve a minimum of one-third to one-half of the imposed sentence or 3 years, whichever is greater, before they are eligible for parole.

Defending Against the Charge

Even though the laws regarding firearm possession are stringent in New Jersey, there are defenses available that could help reduce the charges or possibly dismiss the case entirely. Defenses may involve challenging the legality of the search that led to the discovery of the firearm or the defendant’s awareness of the firearm’s presence. It may also be argued that the firearm was not operable or that the defendant had a valid permit that was not immediately available at the time of arrest.

Getting the Right Legal Help

Due to the severity of the penalties for unlawful possession of a firearm, if you are charged with this crime, it is essential to get experienced legal help immediately. As a seasoned South Jersey criminal defense attorney, John B. Brennan has the experience and knowledge to navigate these complex legal issues. He understands the intricacies of New Jersey firearm laws and has a track record of successfully defending individuals facing such charges.

Unlawful possession of a firearm in New Jersey is a serious crime with significant consequences. However, with experienced legal representation, it’s possible to challenge these charges. Whether it’s a matter of explaining the circumstances, challenging the legality of the search and seizure, or pointing out other legal technicalities, the right legal guidance is critical. It is your constitutional right to defend yourself against the charges, and having an experienced attorney can make all the difference.

Contact The Law Office of John B. Brennan Today for a Free Consultation About Your Criminal Gun Charge

At the Law Office of John B. Brennan, we understand that dealing with legal issues can be a stressful and overwhelming experience. That’s why we’re committed to providing our clients with reliable and compassionate legal representation.

Our firm has a wealth of knowledge in various areas of law, including criminal defense, DUI/DWI, municipal court violations, and white-collar and federal crimes. We understand that each case is unique and requires individual attention, which is why we work closely with our clients to understand their specific needs and develop a personalized legal strategy.

We take pride in providing our clients with exceptional service, timely communication, and diligent representation. We believe in building strong relationships with our clients based on trust, honesty, and transparency. You can trust us to fight for your rights and work towards the best possible outcome for your case.

If you’re facing legal issues in New Jersey or the surrounding areas, we’re here to help. Contact us today to schedule a consultation with an experienced attorney. Let us help you navigate the legal process and work toward a favorable outcome for your case.