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While all states have laws regulating the use of firearms, New Jersey’s gun laws are comparatively very strict and come with very serious consequences when they are violated.
The penalties in New Jersey for gun charges almost always involve the possibility of prison time and often have mandatory minimum sentences. Taking any gun charge in New Jersey less than very seriously has the potential to impact the rest of your life.
If you need to defend a gun charge in New Jersey, contact Team Law today so we can help with your case.
Facing Gun Charges And Have Questions? We Can Help, Tell Us What Happened.
New Jersey has very complicated gun laws. Because there are several ways in New Jersey to commit a firearms offense, a thorough understanding of the rules is crucial if you own a firearm.
In New Jersey, there are five fairly broad categories of firearms violations:
You are in possession of a legal firearm without a permit
Whether you are a New Jersey resident or simply driving through the state, you may not possess a firearm without a permit. Whether or not you had intent to commit a crime with the firearm is irrelevant. Simply possessing a firearm in New Jersey without a permit is a crime.
You are in possession of an illegal firearm
It is your responsibility to ensure that any firewarm you possess is legal in New Jersey. Sawed-off shotguns, for example, are not legal in the state. You have committed a crime in New Jersey if you are in possession of an illegal firearm.
You are in possession of a firearm for an unlawful purpose
The burden of proof in New Jersey would be on the prosecutors to prove that you were in possession of a firewarm for an illegal purpose, such as to commit a robbery or murder. If this can be proven, it doesn’t matter whether you actually committed the crime you intended to commit.
You are in possession of a firearm while committing a crime
All that is required here is possession. If you are in possession of a firearm while committing another crime, prosecutors may bring a separate charge for possession of a firearm while committing a crime.
You are prohibited from owning a firearm
Certain people are prohibited from owning a firearm in New Jersey. These individuals include those committed of a domestic violence crime or other violent crimes.
The most serious gun charges in New Jersey are punishable by up to 20 years in prison.
It is possible that law enforcement officials did not correctly follow all of the necessary protocols and procedures in gathering evidence in your New Jersey gun charges case. If your attorney can prove that you were searched illegally or that evidence was taken from you in a manner inconsistent with the law, there is a chance that the gun charges against you may be dismissed.
Often the most effective defense to a gun charge in New Jersey is that the gun in issue was not in your possession. Given that the burden of proof is squarely upon the prosecution, skilled gun charge defense lawyers such as Team Law challenge the evidence set forth by the prosecution in a New Jersey court.
If you or a family member has been charged with an offense involving a firearm in New Jersey you need to act quickly to allow yourself as much time as possible to build a viable defense to the charges. Contact Team Law today and we will fight for your rights as an individual accused of a serious crime.
Yes. Possession of a handgun without a license in New Jersey is a third degree offense. You may go to prison for up to five years for possessing a handgun without a license in New Jersey.
There are guns in New Jersey that you can’t get a license to possess, therefore any possession of the gun is illegal at all times. A sawed-off shotgun is an example of a type of gun that cannot legally be possessed in New Jersey. Possession of a sawed-off shotgun in the state can come with a prison sentence of up to five years.
Yes, we do. There are times a court will not dismiss a gun charge but an experienced legal team is able to negotiate with the prosecution for a lesser charge.
Team Law is outstanding. Everyone is courteous and knowledgeable and I felt that I got the personal attention that I needed.what our clients are saying
Criminal Defense Information Center